Mi Ae Lee v. Eric H. Holder

MEMORANDUM

Mi Ae Lee, Byung Ki Jeong, Jae Woo Jeong, and Hye Yun Jeong (“Petitioners”), citizens of the Republic of Korea, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal of an immigration judge’s decision finding them removable and ineligible for relief. Petitioners assert the immigration judge’s refusal to grant a continuance during their removal proceedings was a clear abuse of discretion and a violation of their due process rights. They also maintain that the revocation of Mi Ae Lee’s original 1-140 petition was invalid for lack of notice such that the “porting” of the 1-140 petition to a successor employer preserves their eligibility to adjust status. This Court has jurisdiction under 8 U.S.C. § 1252 . We review BIA rulings on questions of law, including alleged due process violations, de novo. Mendez-Mendez v. Mukasey, 525 F.3d 828, 832 (9th Cir.2008). We deny the petition for review.

Petitioners had almost a full year to file an immigration application or present additional evidence in their case. They did neither. The BIA did not err in finding that the immigration judge’s refusal to grant a continuance was not an abuse of…