Rosendo Villatoro-Alvarez v. Loretta E. Lynch

MEMORANDUM

Rosendo A. Villatoro-Alvarez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision finding Villatoro-Alvarez abandoned his applications for relief and denying a continuance. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a continuance and the decision to deem an application abandoned. Taggar v. Holder, 736 F.3d 886, 889 (9th Cir.2013). We 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 in denying Villatoro-Alvarez’s request for a fifth continuance where he failed to demonstrate good cause. See 8 C.F.R. § 1003.29 ; Sandovalr-Luna, 526 F.3d at 1247 . Nor did the agency err in deeming Villatoro-Alvarez’s applications for relief abandoned, where he did not file any application for relief by the deadline the IJ imposed. Taggar, 736 F.3d at 890 (“If an application or document is not filed within the time set by the Immigration Judge, the opportunity to file that application or document shall be…