U.S. Court of Appeals for the Ninth Circuit, 2015

Pedro Vasquez-Garcia v. Loretta E. Lynch

Pedro Vasquez-Garcia v. Loretta E. Lynch
U.S. Court of Appeals for the Ninth Circuit · Decided August 4, 2015 · Bea, Canby, Murguia
611 F. App'x 458

Pedro Vasquez-Garcia v. Loretta E. Lynch

Opinion

MEMORANDUM **

Felicísima Albiola Espinosa, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s (“IJ”) removal order. We havé jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion *459 the denial of a motion to continue, and review de novo due process claims. Sandoval-Luna v. Mukasey, 526 F.3d 1248, 1246 (9th Cir. 2008). We deny the petition for review.

The agency did not abuse its discretion in denying a continuance, where Albiola Espinosa had already been given three continuances and she did not show good cause for an additional continuance. See 8 C.F.R. § 1003.29 (an IJ may grant a motion for a continuance for good cause shown). Albiola Espinosa’s contention that the IJ did not consider all the facts presented is belied by the record.

To the extent Albiola Espinosa is making a due process claim, it therefore fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (to prevail on a due process challenge, an alien must show error and prejudice).

PETITION FOR REVIEW DENIED.

**

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

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