Santos Juanta v. Loretta E. Lynch

MEMORANDUM

Santos Francisco-Juanta, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ ("BIA”) order declining to remand and dismissing his appeal from an immi-. gration judge’s order denying his request for a continuance. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion both the denial of a motion for a continuance, Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir.2008), and the denial of a motion to remand, Movsisian v. Ashcroft, 395 F.3d 1095, 1097-98 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

The agency did not abuse its discretion in denying Juanta’s motion for a continuance to file an application for a U visa, where Juanta had been granted five continuances for the purpose of filing an application for a U visa, but had failed to do so. See Sandovalr-Luna, 526 F.3d at 1247 (no abuse of discretion by denying a motion for a continuance where the relief sought was not immediately available to petitioner).

To the extent Juanta challenges the BIA’s decision not to remand in light of evidence Juanta submitted on appeal relating to his U visa eligibility,…