Victor Hidalgo-Jarquin v. Eric Holder, Jr.

Good Law
452 F. App'x 772
United States Court of Appeals for the Ninth CircuitOctober 6, 201109-72043California470 words

Opinion

Opinion

MEMORANDUM

Victor Hidalgo-Jarquin, a native and citizen of Nicaragua, petitions pro se for review of the Board of Immigration Appeals’ order summarily affirming an immigration judge’s removal order. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion for a continuance, Ahmed v. Holder, 569 F.3d 1009, 1012 (9th Cir.2009), and review de novo constitutional claims, Khan v. Holder, 584 F.3d 773, 776 (9th Cir.2009). We deny in part and dismiss in part the petition for review.

The agency did not abuse its discretion in denying Hidalgo-Jarquin’s request for a continuance, where Hidalgo-Jarquin had already received multiple continuances and the delay caused inconvenience to the agency. See Ahmed, 569 F.3d at 1013-14 ; cf. Cui v. Mukasey, 538 F.3d 1289,1293-95 (9th Cir.2008).

Hidalgo-Jarquin’s equal protection argument regarding waivers under 8 U.S.C. § 1182 (h) is unavailing. See Taniguchi v. Schultz, 303 F.3d 950, 958 (9th Cir.2002) (holding that a rational basis exists for excluding permanent residents, as “aggravated felon LPRs could be viewed as less deserving of a ‘second chance’ than non-LPRs”) (citation omitted).

In his…

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