Noe Rodriguez-Gudino v. Eric Holder, Jr.

MEMORANDUM

Noe Rodriguez-Gudino, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to remand and dismissing his appeal from an immigration judge’s (“IJ”) decision denying his request for a continuance. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a continuance and the denial of a motion to remand. Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir.2008) (per curiam); Romero-Ruiz v. Mukasey, 538 F.3d 1057, 1062 (9th Cir.2008). We deny the petition for review.

The IJ did not abuse his discretion by denying a continuance to allow Rodriguez-Gudino to seek post-conviction relief where Rodriguez-Gudino failed to submit any evidence to the IJ that he was pursuing such relief. See Sandoval-Luna, 526 F.3d at 1247 (an IJ may grant a continuance for good cause shown). Further, because the denial of the continuance was not error, the denial did not violate Rodriguez-Gudino’s due process rights. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (“To prevail on a due process challenge to deportation proceedings, [a petitioner] must show error and substantial…