Marin Pio-Pahua v. Eric H. Holder Jr.

MEMORANDUM

Marin Pio-Pahua, a citizen of Mexico, seeks review of a final order of removal issued by the Board of Immigration Appeals (“BIA”) on August 29, 2008, upholding the Immigration Judge (“IJ”)’s denial of Pio-Pahua’s application for cancellation of removal and motion for a continuance of his removal hearing. Pio-Pahua appeals the denial of his motion for a continuance.

The BIA did not abuse its discretion when it upheld the IJ’s denial of Pio-Pahua’s motion for a continuance. The regulations governing immigration proceedings permit IJs to grant continuances for “good cause shown.” 8 C.F.R. § 1003.29 . Although the regulations do not define “good cause,” we have held that “[i]n deciding whether denial of the alien’s request would violate his statutory right to a reasonable opportunity to present evidence on his own behalf, the judge must consider the nature of the evidence to be presented and its importance to the alien’s claim.” Baires v. I.N.S., 856 F.2d 89, 92 (9th Cir.1988). In Baires , we noted that other factors might be important to the good cause determination, including delay attributable to unreasonable conduct on the part of the alien, inconvenience to the…