Jose Rodriguez v. Loretta E. Lynch

MEMORANDUM

Jose Garcia Rodriguez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) removal order. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a continuance and review de novo questions of law. 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 or violate Garcia Rodriguez’s statutory right to counsel or due process rights in denying a two-month continuance to allow counsel to discuss voluntary departure with him, where he had been granted a seven-month continuance to prepare applications for relief and counsel opted not to take the one-week continuance offered. See 8 C.F.R. § 1003.29 ; Ahmed, 569 F.3d at 1012 (listing factors to consider when reviewing the denial of a continuance); cf. Mendoza-Mazariegos v. Mukasey, 509 F.3d 1074, 1084 (9th Cir. 2007) (statutory right to counsel violated where IJ did not take reasonable steps to ensure the right was honored); Baires v. INS, 856 F.2d 89, 92-93 (9th Cir. 1988) (denial of…