Luis Martin-Gonzalez v. Eric Holder, Jr.

MEMORANDUM

Luis Martin-Gonzalez, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) removal order. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo due process claims, Barron v. Ashcroft, 358 F.3d 674, 677 (9th Cir.2004), and we review for abuse of discretion the agency’s denial of a continuance, Ahmed v. Holder, 569 F.3d 1009, 1012 (9th Cir.2009). We deny in part and dismiss in part the petition for review.

The agency did not abuse its discretion in denying Martin-Gonzalez’s fourth request for a continuance to obtain counsel for failure to show good cause because the record shows he had already been granted three continuances over more than a year for the purpose of obtaining counsel but failed to do so. See 8 C.F.R. § 1003.29 (IJ may grant a motion for a continuance for good cause shown); Ahmed, 569 F.3d at 1012 .

Martin-Gonzalez contends that the IJ violated due process by failing to thoroughly inquire into his case to determine if he qualified for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”).…