Uriel Garcia v. Loretta E. Lynch

Uriel Garcia Macedo petitions for review of an order of the Board of Immigration Appeals (“BIA”) affirming the immigration judge (“IJ”)’s denial of his motion for a continuance. We must determine whether 8 U.S.C. § 1252 (a)(2)(C) precludes us from exercising jurisdiction. We conclude that § 1252(a)(2)(C) does not bar review of the denial of procedural motions that are independent of the merits of the removal order. We further hold, however, that the IJ did not abuse his discretion in denying Garcia’s motion for a continuance. We therefore deny Garcia’s petition for review.

I. Background

Garcia is a 46-year-old Mexican national who first entered the United States with his parents in or around 1979, when he was nine years old. Although the record is not entirely clear, it appears that Garcia was granted some form of immigration status either upon entry or shortly thereafter. In 2006, Garcia was charged with some form of drug crime, but applied for, and obtained, cancellation of removal.

In 2010, Garcia was charged with possessing methamphetamine in violation of § 11377(a) of the California Health and Safety Code, a misdemeanor. He was simultaneously charged with…