Alvaro Ramos-Diaz v. Loretta E. Lynch

U.S. Court of Appeals for the Ninth Circuit
Alvaro Ramos-Diaz v. Loretta E. Lynch, 632 F. App'x 397 (9th Cir. 2016)

Alvaro Ramos-Diaz v. Loretta E. Lynch

Opinion

MEMORANDUM **

Marisol Acevedo-Rojas, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her 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 to continue and review de novo claims of due process violations. 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 by denying Acevedo-Rojas’s motion for a second continuance to seek post-conviction relief where Acevedo-Rojas failed to show good cause. See 8 C.F.R. § 1003.29 (an IJ may grant a motion for a continuance for good cause shown). Acevedo-Rojas conceded removability, she had been granted a prior continuance for the same purpose, and post-conviction relief remained a speculative possibility at the time of her final hearing. See Sandoval-Luna, 526 F.3d at 1247 (the denial of a continuance was within the agency’s discretion where relief was not immediately available to petitioner).

Acevedo-Rojas’s due process claim fails because she has not established error. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error to prevail on a due process challenge).

*398 We deny Acevedo-Rojas’s request that the court take judicial notice of country conditions in Mexico. See 8 U.S.C. § 1252(b)(4)(A).

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
Marisol ACEVEDO-ROJAS, Petitioner, v. Loretta E. LYNCH, Attorney General, Respondent
Status
Unpublished