Adrian Olivares-Garcia v. Eric Holder, Jr.

Good Law
575 F. App'x 812
United States Court of Appeals for the Ninth CircuitMay 28, 201412-74131California485 words

Opinion

Opinion

MEMORANDUM

Adrian Olivares-Gareia, a native and citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from the decisions of an immigration judge (“IJ”) denying his motions for a continuance of his removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the agency’s denial of a continuance, Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir.2008) (per curiam), and review de novo due process claims and questions of law, Cruz Rendon v. Holder, 603 F.3d 1104, 1109 (9th Cir.2010) (due process claims); Simeonov v. Ashcroft, 371 F.3d 532, 535 (9th Cir.2004) (questions of law). We deny the petition for review.

The agency did not abuse its discretion by denying for lack of good cause Oli-vare s — Garcia’s motions for a continuance to wait for the government’s adjudication of his request for prosecutorial discretion and for passage of immigration-reform legislation. See Singh v. Holder, 638 F.3d 1264, 1274 (9th Cir.2011) (“[A]n IJ ‘may grant a motion for continuance for good cause shown.’ ” (citation omitted)). Oli-vares — Garcia conceded his removability and ineligibility for…

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