Victor Diaz-Cortez v. Eric Holder, Jr.

MEMORANDUM

Petitioner-Appellant Victor Diaz-Cortez (“Diaz-Cortez”) petitions for review of the Board of Immigration Appeals’s (“BIA’s”) dismissal of his appeal of the Immigration Judge’s (“IJ’s”) decision denying his request for a sixth continuance, finding him removable, and denying his applications for cancellation of removal. Diaz-Cortez requests that the court remand his case to the IJ for consideration of ameliorative relief as set forth in the Federal First Offender Act (“FFOA”). We deny the petition for review.

This court reviews an IJ’s discretionary denial of a continuance for abuse of discretion. Peng v. Holder, 673 F.3d 1248, 1253 (9th Cir.2012). Questions of law are reviewed de novo. Barragart-Lopez v. Holder, 705 F.3d 1112, 1114 (9th Cir.2013); see also Flores-Lopez v. Holder, 685 F.3d 857, 861 (9th Cir.2012).

Pursuant to 8 C.F.R. § 1003.29 , an IJ, at her discretion, may grant a continuance upon the showing of good cause. Cui v. Mukasey, 538 F.3d 1289, 1292 (9th Cir.2008). In reviewing an IJ’s denial of a motion for continuance, the court considers a variety of factors, including the number of prior continuances and the inconvenience to the court. Id. Here,…