Victor Garcia Pantoja v. Loretta E. Lynch

U.S. Court of Appeals for the Ninth Circuit
Victor Garcia Pantoja v. Loretta E. Lynch, 632 F. App'x 345 (9th Cir. 2016)

Victor Garcia Pantoja v. Loretta E. Lynch

Opinion

MEMORANDUM **

Victor Hugo Garcia Pantoja, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) denial of a continuance. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion for 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 or violate Garcia Pantoja’s due process rights by denying a continuance, where Garcia Pantoja failed to establish eligibility for any relief from removal. See id. at 1247 (no abuse of discretion in denying a motion for a continuance where the relief sought was not available to petitioner); 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).

Contrary to Garcia Pantoja’s contention, the BIA provided sufficient reasoning and detail in affirming the IJ’s denial of a continuance. See Najmabadi v. Holder, 597 F.3d 983, 990 (9th Cir. 2010) (“What is required is merely that [the BIA] consider the issues raised, and announce its decision in terms sufficient to enable a reviewing court to perceive that it has heard and thought and not merely reacted.” (citation and quotation marks omitted)).

PETITION FOR REVIEW DENIED.

**

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

Reference

Full Case Name
Victor Hugo Garcia PANTOJA, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent
Status
Unpublished