Alexander Romero v. Loretta E. Lynch

MEMORANDUM

Alexander Omar Romero, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision finding Romero abandoned his application for relief and denying a continuance. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion both the denial of a motion to continue and the decision to deem an application waived. Taggar v. Holder, 736 F.3d 886, 889 (9th Cir.2013). We review de novo claims of due process violations in immigration proceedings. Zetino v. Holder, 622 F.3d 1007, 1011 (9th Cir.2010). We deny the petition for review.

The BIA did not abuse its discretion in finding that Romero abandoned his application for relief when he did not file it by the deadline the IJ imposed. See 8 C.F.R. § 1003.31 (c) (an IJ “may set and extend time limits for the filing of applications” and if an application “is not filed within the time set by the [IJ], the opportunity to file that application ... shall be deemed waived”); Taggar, 736 F.3d at 889 (petitioner waived application where she did not file it by the due date the IJ set). The BIA also did not…