Gilberto Romero v. Eric Holder, Jr.

MEMORANDUM

Gilberto Bahena Romero, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying a continuance and granting voluntary departure. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion for a continuance and review de novo due process claims. Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir.2008). We deny the petition for review.

The agency did not abuse its discretion by concluding that Romero failed to establish good cause for a continuance, where the passage of comprehensive immigration reform was a speculative possibility and Romero conceded that he was not eligible for any form of relief from removal other than voluntary departure. See id. at 1247 (the agency did not abuse its discretion by denying a motion for a continuance to await promulgation of regulations where “no relief was then immediately available” to petitioner).

The BIA did not violate Romero’s due process rights by affirming the IJ’s order, where Romero received a full and fair hearing. See Vargas-Hernandez v. Gonzales, 497 F.3d…