Martin Correa v. Loretta E. Lynch

MEMORANDUM

Martin Correa, 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”) decision denying his application for cancellation of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review de novo claims of due process violations, and review for abuse of discretion the denial of a motion for a continuance. Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008). We deny the petition for review.

We reject Correa’s due process claim that his merits hearing was scheduled too close to the master calendar hearing, and as a result he had inadequate time to submit more evidence of the requisite hardship for cancellation of removal. Cor-rea’s attorney did not object to the scheduling of the merits hearing date or request a continuance to gather additional evidence, and he has not established any resulting prejudice. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and substantial prejudice to prevail on a due process claim). Correa does not raise any other challenge to the agency’s discretionary determination that he failed to show the requisite hardship…