Martha Morales-Males v. Eric Holder, Jr.

U.S. Court of Appeals for the Ninth Circuit
Martha Morales-Males v. Eric Holder, Jr., 550 F. App'x 479 (9th Cir. 2013)
Goodwin, Wallace, Graber

Martha Morales-Males v. Eric Holder, Jr.

Opinion

MEMORANDUM **

Martha Cecilia Morales-Males, a native and citizen of Ecuador, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immi *480 gration judge’s decision denying her request for a continuance. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a continuance, and review de novo constitutional claims. Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008). We deny the petition for review.

The agency did not abuse its discretion in denying Morales-Males’ motion for a continuance, where she failed to demonstrate good cause. See 8 C.F.R. § 1003.29; see also Sandoval-Luna, 526 F.3d at 1247 (denial of a motion to continue was not an abuse of discretion where relief was not immediately available to petitioner). It follows that Morales-Males’ due process claim fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error to prevail on a due process claim).

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provid *480 ed by 9th Cir. R. 36-3.

Reference

Full Case Name
Martha Cecilia MORALES-MALES, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent
Status
Unpublished