Julio Rosales Zarceno v. Loretta E. Lynch
Opinion
Opinion
MEMORANDUM
Julio Armando Rosales Zarceño, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his motion for a continuance, and denying his application for 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. Silaya v. Mukasey, 524 F.3d 1066, 1070 (9th Cir. 2008). We review for abuse of discretion the denial of a continuance and review de novo due process claims. Cruz Rendon v. Holder, 608 F.3d 1104 , 1109 (9th Cir. 2010). We deny the petition for review.
The BIA did not abuse its discretion in affirming the IJ’s denial of Rosales Zarce-no’s request for a continuance. See 8 C.F.R. § 1003.29 (an IJ may grant a continuance for good cause shown); Garcia v. Lynch, 798 F.3d 876, 881 (9th Cir. 2015). Thus, Rosales Zarceno’s related due process claim also fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error to prevail on a due process claim).