Soto Galaviz v. Holder
Opinion
Opinion
MEMORANDUM
Edgar Ivan Soto Galaviz, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his motion to continue. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to continue, Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir.2008) (per curiam), and we deny in part and dismiss in part the petition for review.
The agency did not abuse its discretion in denying Soto Galaviz’s motion to continue because his eligibility for relief was speculative and not immediately available. See id. at 1247 . It follows that the agency did not violate Soto Galaviz’s due process rights by denying his motion to continue. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error for a due process violation).
We lack jurisdiction to review the BIA’s discretionary determination that Soto Galaviz failed to show exceptional and extremely unusual hardship to a qualifying relative. See Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005).