Ong

Ong v. Holder

Good Law
355 F. App'x 995
United States Court of Appeals for the Ninth CircuitDecember 9, 200906-70947California336 words

Opinion

Opinion

MEMORANDUM

Cristina Bernal Ong, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”) decision denying her motion for continuance of removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion for continuance, Ahmed v. Holder, 569 F.3d 1009, 1012 (9th Cir.2009), and we dismiss in part and grant in part the petition for review.

The IJ denied the motion for lack of authority to continue the proceedings to await adjudication of Ong’s pending appeal before the Administrative Appeals Unit (“AAU”) of the denial of her 1-129 petition. The Id’s reasoning that he lacked authority was contrary to law and therefore an abuse of discretion. See Singh v. INS, 213 F.3d 1050, 1052 (9th Cir.2000) (the agency abuses its discretion when it acts “arbitrarily, irrationally, or contrary to the law”) (internal quotation marks and citations omitted); see also Ahmed, 569 F.3d at 1015 (IJ abused discretion by denying motion for second continuance to await adjudication of petitioner’s pending [AAU] appeal of denial of 1-140…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.