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

Edras Cruz-Montoya v. Jefferson Sessions

Edras Cruz-Montoya v. Jefferson Sessions
U.S. Court of Appeals for the Ninth Circuit · Decided June 2, 2017 · Thomas, Silverman, Rawlinson
692 F. App'x 400

Edras Cruz-Montoya v. Jefferson Sessions

Opinion

MEMORANDUM **

Edras Naun Cruz-Montoya, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals’ (“BIA”) 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. Ahmed v. *401 Holder, 569 F.3d 1009, 1012 (9th Cir. 2009). We deny the petition for review.

The agency did not abuse its discretion in denying Cruz-Montoya’s motion for a continuance for lack of good cause. See 8 C.F.R. §§ 1003.29, 1003.31(c); Ahmed, 569 F.3d at 1012 (factors considered in determining whether the denial of a continuance constitutes an abuse of discretion include the reasonableness of the immigrant’s conduct).

The record does not support Cruz-Montoya’s contention that the BIA ignored his arguments and failed to analyze relevant factors. See Najmabadi v. Holder, 597 F.3d 983, 990 (9th Cir. 2010) (the BIA must “merely ... announce its decision in terms sufficient to enable a reviewing court to perceive that it has heard and thought and not merely reacted” (citation omitted)).

PETITION FOR REVIEW DENIED.

**

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

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