Isaiivan Huerta-Castillo v. Eric Holder, Jr.

MEMORANDUM

In these consolidated petitions for review, Isaiivan Huerta-Castillo, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) decision dismissing his appeal from an immigration judge’s (“IJ”) removal order, and the BIA’s order denying his motion to reopen. 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 the denial of a motion to reopen, Garcia v. Holder, 621 F.3d 906, 912 (9th Cir.2010). We deny in part and dismiss in part the petitions for review.

The IJ did not abuse his discretion in concluding that Huerta-Castillo failed to show good cause for a continuance where the documents requiring additional time to review were available at least seven months prior to the hearing. See 8 C.F.R. § 1003.29 (IJ has authority to grant a continuance upon a. showing of good cause); Ahmed, 569 F.3d at 1012 . It follows that Huerta-Castillo’s due process claim fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000).

We lack jurisdiction to review the agency’s discretionary determination that…