Mazariegos-Santos

Mazariegos-Santos v. Ashcroft

Good Law
85 F. App'x 645
United States Court of Appeals for the Ninth CircuitJanuary 15, 2004No. 02-73437; Agency No. A78-073-859California281 words

Opinion

Lead Opinion

MEMORANDUM **

Frederic Mazariegos-Santos, a native and citizen of Guatemala, petitions for review of the decision of the Board of Immigration Appeals summarily affirming without opinion his appeal from an immigration *646 judge’s (“IJ”) denial of his request for a continuance so he could file an application for adjustment of status. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion and will not reverse “except on a showing of clear abuse.” Rios-Berrios v. INS, 776 F.2d 859, 862 (9th Cir.1985). We deny the petition.

The immigration court did not abuse its discretion when it denied Mazariegos-Santos’s oral request for a continuance because the request, made by attorney Ronald Carter, was untimely and unsupported by good cause, Mazariegos-Santos had previously been granted several continuances, and Mazariegos-Santos failed to show prejudice as a result of the denial. See 8 C.F.R. § 1003.29 (IJ “may grant a motion for continuance for good cause shown.”); United States v. Zamora-Hernandez, 222 F.3d 1046, 1049 (9th Cir.2000) (“must ... demonstrate at a minimum that he has suffered prejudice as a result of the denial of his request” for a continuance)…

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