Ruben Guzman Perez v. Eric Holder, Jr.

MEMORANDUM

Ruben Guzman Perez and Martha Lomeli Barba, natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s denial of their oral motions to continue proceedings, reopen proceedings based on new evidence, and administratively close proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to continue, Ahmed v. Holder, 569 F.3d 1009, 1012 (9th Cir.2009), and review de novo claims of due process, Morales Apolinar v. Mukasey, 514 F.3d 893, 895 (9th Cir.2008). We deny in part and dismiss in part the petition for review.

The agency did not abuse its discretion in denying petitioners’ motion for a continuance where petitioners failed to show good cause. See Ahmed, 569 F.3d at 1012 ; 8 C.F.R. § 1003.29 .

Because petitioners did not describe or submit any evidence of new hardship with their motion to reopen, the motion concerned the same basic hardship grounds as their original application for cancellation of removal. We therefore lack jurisdiction to review the agency’s determination that the evidence was insufficient…