U.S. Court of Appeals for the Ninth Circuit, 2016

Rigoberto Ramos-Alejo v. Loretta E. Lynch

Rigoberto Ramos-Alejo v. Loretta E. Lynch
U.S. Court of Appeals for the Ninth Circuit · Decided April 18, 2016 · Farris, Tallman, Bybee
648 F. App'x 667

Rigoberto Ramos-Alejo v. Loretta E. Lynch

Opinion

MEMORANDUM **

Rigoberto Ramos-Alejo, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order denying his request for a continuance. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a continuance. 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 Ramos-Alejo’s request for a further continuance for failure to demonstrate good cause, where Ramos-Alejo conceded removability, was ineligible for the relief sought, and did not sufficiently show how a continuance could have affected the outcome of his case. See 8 C.F.R. § 1003.29 (“The Immigration Judge may grant a motion for continuance for good cause shown,”); 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).

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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