Salvador Ramirez-Diaz v. Loretta E. Lynch

MEMORANDUM

Salvador Ramirez-Diaz, 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 denial of his request for a continuance. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a continuance, and review de novo claims of due process violations. 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 in denying Ramirez-Diaz’s request for a further continuance because he did not demonstrate good cause. See 8 C.F.R. § 1003.29 ; Ahmed v. Holder, 569 F.3d 1009, 1012 (9th Cir.2009) (factors considered in determining whether the denial of a continuance constitutes an abuse of discretion include the nature of the evidence excluded as a result of the denial).

Accordingly, Ramirez-Diaz’s claim that he was denied a full and fair hearing and deprived of his statutory right to counsel must fail. Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error and prejudice to prevail on a due process claim).

We reject Ramirez-Diaz’s contention that the BIA’s…