Sargis Karapetyan v. Eric Holder, Jr.

Good Law
506 F. App'x 675
United States Court of Appeals for the Ninth CircuitFebruary 5, 201311-72798California491 words

Opinion

Opinion

MEMORANDUM

Sargis Karapetyan, a native and citizen of Albania, petitions for review of a decision from the Board of Immigration Appeals (“BIA”) in which the BIA dismissed his appeal from the immigration judge’s (“IJ”) denial of his request for a continuance of his removal proceedings.

Where the BIA conducts its own review of the evidence and law rather than adopting the IJ’s decision, “our review is limited to the BIA’s decision, except to the extent that the IJ’s opinion is expressly adopted.” Hosseini v. Gonzales, 471 F.3d 953, 957 (9th Cir.2006) (internal quotation marks omitted). We review an IJ’s denial of a continuance for an abuse of discretion. Peng v. Holder, 673 F.3d 1248, 1253 (9th Cir.2012). We have jurisdiction under 8 U.S.C. § 1252 (a), and we deny the petition for review.

“The decision to grant or deny the continuance is within the sound discretion of the judge and will not be overturned except on a showing of clear abuse.” Ahmed v. Holder, 569 F.3d 1009, 1012 (9th Cir.2009) (internal quotation marks omitted). There is no indication that the BIA or IJ abused their discretion in this case. Despite the fact that Karapetyan had an approved 1-130 visa petition, he…

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