U.S. Court of Appeals for the Ninth Circuit, 2017

Rafael Guitron-Barajas v. Jefferson Sessions

Rafael Guitron-Barajas v. Jefferson Sessions
U.S. Court of Appeals for the Ninth Circuit · Decided April 19, 2017 · Gould, Clifton, Hurwitz
687 F. App'x 611

Rafael Guitron-Barajas v. Jefferson Sessions

Opinion

MEMORANDUM **

Pedro Enrique Munoz Bonilla, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his motion for a continuance. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the agency’s denial of a continuance, and we review de novo due process 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 due process in denying Munoz Bonilla’s motion for a third continuance, where he failed to file any applications for relief from removal after the IJ had warned him of the consequences of such failure, and he failed to establish good 'cause. See 8 C.F.R. § 1003.31(c); Sandoval-Luna, 526 F.3d at 1247; Lata v. I.N.S., 204 F.3d 1241, 1246 (9th Cir. 2000) (an alien must show error and prejudice to prevail on a due process claim).

The record does not support Munoz Bonilla’s contention that the agency failed to consider contentions or provide sufficient reasoning. See Najmabadi v. Holder, 597 F.3d 983, 990 (9th Cir. 2010).

PETITION FOR REVIEW DENIED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.