Ian Cobourne v. William Barr
Ian Cobourne v. William Barr
Opinion
NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS DEC 11 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT
IAN RICARDO COBOURNE, AKA No. 19-73029 Horace Vincent Megghie, AKA Vincent Megghie-Horace, AKA Charlesworth Agency No. A072-163-287 Sweeny, Jr., AKA Michael Wilson,
Petitioner, MEMORANDUM*
v.
WILLIAM P. BARR, Attorney General,
Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals
Submitted December 8, 2020** San Francisco, California
Before: MURGUIA and CHRISTEN, Circuit Judges, and SESSIONS,*** District Judge.
Ian Ricardo Cobourne, a native and citizen of Jamaica, petitions for review of
* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable William K. Sessions III, United States District Judge for the District of Vermont, sitting by designation. the Board of Immigration Appeals’s (“BIA”) order dismissing his appeal from an
immigration judge’s decision denying his request for a continuance. We have
jurisdiction under 8 U.S.C. § 1252. We review the denial of a continuance for abuse
of discretion. Ahmed v. Holder, 569 F.3d 1009, 1012 (9th Cir. 2009). We deny the
petition for review.1
The agency did not err or abuse its discretion in concluding that Cobourne
failed to show good cause for a continuance. See 8 C.F.R. § 1003.29 (“The
Immigration Judge may grant a continuance for good cause shown.”); Ahmed, 569 F.3d at 1012 (listing factors to consider). Cobourne had fourteen months—from
November 2, 2016 to January 4, 2018—to find counsel and prepare for his merits
hearing. Cobourne had sufficient notice of the January 4, 2018 hearing and express
warning that he would be required to proceed pro se should he fail to obtain counsel.
Cobourne provides no explanation for why he waited over a year to hire a new
attorney.
Consequently, Cobourne’s due process claim also fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (a petitioner must show “error and substantial
prejudice” to prevail on a due process claim).
PETITION FOR REVIEW DENIED.
1 Cobourne’s motion for stay of removal (Doc. 9) is denied as moot.
2
Reference
- Status
- Unpublished