Martinez Guzman v. Holder

MEMORANDUM

Petitioners Vicente Martinez-Guzman, Maria Hernandez-Garcia, Marco Martinez-Hernandez, and Raul Martinez-Hernandez (“Petitioners”), seek review of the decision of the Board of Immigration Appeals adopting and affirming the decision of the Immigration Judge (“IJ”). The IJ denied their applications for asylum, withholding of removal, protection under the Convention Against Torture, and cancellation of removal. Petitioners claim denial of their motion for continuance was an abuse of discretion and that they were neither fully represented at the ensuing early hearing nor adequately treated if considered pro se. We grant the petition and remand for a new hearing.

An Id’s decision to deny a request for continuance is reviewed for an abuse of discretion, Ahmed v. Holder, 569 F.3d 1009, 1012 (9th Cir.2009), and we consider the following: “(1) the importance of the evidence [that denial of the motion excluded], (2) the unreasonableness of the immigrant’s conduct, (3) the inconvenience to the court, and (4) the number of continuances previously granted.” Cui v. Muka-sey, 538 F.3d 1289, 1292 (9th Cir.2008) (citing Baires v. INS, 856 F.2d 89, 92-93 (9th Cir.1988)). Central to the…