Julio Arispe-Ribera v. Eric Holder, Jr.

MEMORANDUM

Julio Cesar Arispe-Ribera, a native and citizen of Panama, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to remand and dismissing his appeal from an immigration judge’s (“IJ”) decision denying his request for a continuance. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a continuance and motions to remand. Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir.2008) (per curiam); Romero-Ruiz v. Mukasey, 538 F.3d 1057, 1062 (9th Cir.2008). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion by denying Arispe-Ribera’s motion to remand where the BIA considered the evidence he submitted and acted within its broad discretion in determining that the evidence was insufficient to warrant remanding. See Romero-Ruiz, 538 F.3d at 1062 (BIA abuses its discretion if its denial of a mo tion to remand is “arbitrary, irrational, or contrary to law”).

The IJ did not abuse her discretion by denying a continuance to allow Arispe-Ribera to seek post-conviction relief. See Sandoval-Luna, 526 F.3d at 1247 (an IJ may grant a continuance for good…