Gabino Vega-Jimenez v. Eric Holder, Jr.

MEMORANDUM

Gabino Vega-Jimenez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“U”) decision denying his request for a continuance and denying his motion to remand. Our jurisdiction is gov erned by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a continuance. Ahmed v. Holder, 569 F.3d 1009, 1012 (9th Cir.2009). We deny in part and dismiss in part the petition for review.

The agency did not abuse its discretion in denying Vega-Jimenez’s request for a continuance where he failed to show good cause. See id. at 1012 .

To the extent Vega-Jimenez challenges the agency’s determination that he did not merit voluntary departure as a matter of discretion, we lack jurisdiction to review this determination. See 8 U.S.C. § 1252 (a)(2)(B)(i); Gil v. Holder, 651 F.3d 1000, 1006 (9th Cir.2011).

We also lack jurisdiction to review the BIA’s determination that the evidence Vega-Jimenez submitted with his motion to remand would not alter the prior discretionary determination denying voluntary departure. See Fernandez v. Gonzales, 439 F.3d 592, 600 (9th Cir.2006) (holding…