Oladeji Omojuwa v. Loretta Lynch

ORDER

Oladeji Amos Omojuwa, a native and citizen of Nigeria, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence the agency’s factual findings, applying the standards created by the REAL ID Act. Ren v. Holder, 648 F.3d 1079, 1083-84 (9th Cir. 2011). We review for. abuse of discretion the denial of a continuance, Vargas-Hernandez v. Gonzales, 497 F.3d 919, 923 (9th Cir. 2007), and review de novo claims of due process violations in removal proceedings, Ibarr a-Flores v. Gonzales, 439 F.3d 614, 620 (9th Cir. 2006). We deny in part and grant in part the petition for review, and we remand.

The IJ did not abuse his discretion in denying a further continuance for Omojuwa to obtain counsel. See Biwot v. Gonzales, 403 F.3d 1094, 1099 (9th Cir. 2005) (listing factors to be considered when deciding what constitutes a reasonable time to obtain counsel). Further, Omojuwa’s contention that the IJ…