Baudelio Valdivia v. Eric Holder, Jr.

MEMORANDUM

Baudelio Valdivia, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s removal order. We review for abuse of discretion the denial of a continuance, Ahmed v. Holder, 569 F.3d 1009, 1012 (9th Cir.2009), review for substantial evidence the agency’s factual findings, and review de novo questions of law, Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009). We deny in part and dismiss in part the petition for review.

The agency did not abuse its discretion in denying a continuance, where Valdivia had already been given three continuances and did not show good cause for an additional continuance. See 8 C.F.R. § 1003.29 (an immigration judge may grant a motion for a continuance for good, cause shown).

Substantial evidence supports the BIA’s determination that the government met its burden of establishing that Valdivia is removable, where the government produced a fingerprint-verified rap sheet bearing his photo and listing his 1987 con-. viction for sale or transport of heroin under California Health and Safety Code § 11352, along with the record of conviction, and…