Salazar-Malagon

Salazar-Malagon v. Ashcroft

Good Law
95 F. App'x 900
United States Court of Appeals for the Ninth CircuitApril 26, 2004No. 02-71121; Agency No. A76-600-008California375 words

Opinion

Lead Opinion

MEMORANDUM **

Edwin Antonio Salazar-Malagon, native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming, without opinion, an immigration judge’s (“IJ”) denial of his application for voluntary departure and his request for a continuance. We deny in part and dismiss in part the petition.

The IJ did not abuse her discretion by denying Salazar-Malagon’s request for an indefinite continuance pending the adjudication of his mother’s motion to reopen because several continuances had already been granted. See 8 C.F.R. § 1003.29 (permitting IJ to “grant a motion for continuance for good cause shown”); Gonzalez v. INS, 82 F.3d 903, 908 (9th Cir.1996) (holding that denial of request for continuance based on unpredictable events was not an abuse of discretion after multiple continuances had already been granted).

We lack jurisdiction to review the BIA’s denial of Salazar-Malagon’s request for voluntary departure. See 8 U.S.C. § 1229c(f); Alvarez-Santos v. INS, 332 F.3d 1245, 1255 (9th Cir.2003) (holding that section 1229c(f) divests the court of jurisdiction to review the BIA’s voluntary departure determinations). Further, we lack…

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