Francisco-Natividad

MEMORANDUM ***

Antonio Francisco-Natividad petitions for review of a Board of Immigration Appeals (BIA) order that affirmed, without opinion, the decision of the Immigration Judge (IJ) to grant the Government’s motion to pretermit his application for cancellation of removal. We dismiss for lack of jurisdiction.

Francisco-Natividad is a native and citizen of Mexico. In January of 2000 he was placed in removal proceedings. After having been granted three continuances by the IJ, Francisco-Natividad moved for an additional continuance so that he could attempt to vacate a criminal conviction and thereby become eligible for cancellation of removal under 8 U.S.C. § 1229b(b)(l). Francisco-Natividad claims that the IJ’s denial of a further continuance violated his due process rights.

The decision to grant a motion to continue is vested within “the sound discretion of the trial judge” or IJ. Barapind v. Reno, 225 F.3d 1100, 1113 (9th Cir.2000). Francisco-Natividad is subject to the permanent jurisdictional rules of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), under which courts do not have jurisdiction to review discretionary decisions of the Attorney…