Hector Padilla v. Eric Holder, Jr.

MEMORANDUM

Hector A. Padilla, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) removal order. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion for a continuance, and de novo claims of due process violations in immigration proceedings. Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1245-46 (9th Cir.2008). We deny the petition for review.

The IJ did not abuse his discretion or violate Padilla’s constitutional right to due process by denying Padilla’s motion for a continuance. See id. at 1247 ; Colmenar v. INS, 210 F.3d 967, 972 (9th Cir.2000) (requiring error and prejudice to establish a due process violation).

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.