Jorge Avina Segura v. Loretta E. Lynch

MEMORANDUM

Jorge Avina Segura (“Avina”) petitions for review of the Board of Immigration Appeals’ (BIA) determination that he was convicted for delivery of heroin in Oregon and the BIA’s denial of his motion for a continuance to clarify his Oregon criminal record. Avina also challenges the BIA’s determination that he waived his opportunity to apply for asylum relief. We have jurisdiction under 8 U.S.C. § 1252 , and we deny the petition for review,

1.Substantial evidence supports the BIA’s determination that Avina was convicted of delivery of heroin in Oregon. See Zheng v. Ashcroft, 332 F.3d 1186, 1193 (9th Cir. 2003) (explaining we review the agency’s factual findings for substantial evidence). Although Avina disputes he was the defendant in the case, an order dismissing certain counts from the indictment lists “Jorge Avina-Segura AKA Pedro Ger-ra-Galindo” as the defendant; Avina indicated that he used the name Pedro Gerra-Galindo; and Avina’s FBI rap sheet listed this conviction and identified Pedro Gerra-Galindo as Avina.

2. The immigration judge (IJ) did not abuse his discretion by denying Avina’s motion for a continuance to clarify his Oregon criminal record. See…