Medina-Campos

Medina-Campos v. Ashcroft

Good Law
92 F. App'x 517
United States Court of Appeals for the Ninth CircuitMarch 23, 2004No. 03-70634California258 words

Opinion

Lead Opinion

MEMORANDUM **

Javier Medina-Campos, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ decision summarily affirming the Immigration Judge’s (“IJ”) order denying his request for a continuance and finding him removable. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for an abuse of discretion the decision to deny a continuance, De La Cruz v. INS, 951 F.2d 226, 229 (9th Cir.1991) (per curiam), and review de novo due process contentions, Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 599 (9th Cir.2002). We deny the petition for review.

The IJ did not abuse his discretion in denying Medina-Campos’ request for a continuance to locate his estranged wife and ask her to submit a visa application on his behalf. Medina-Campos was granted a change of venue and had already received one continuance to locate his wife, and presented no evidence of how a further continuance would assist him in doing so. See Baires v. INS, 856 F.2d 89, 91, 92-93 (9th Cir.1988) (discussing factors IJ must consider when adjudicating a request for a continuance).

Because the IJ did not abuse his discretion by denying Medina-Campos a continuance, his due process…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.