Brambila-Pelayo

MEMORANDUM **

Petitioner Hilaria Brambila-Pelayo petitions for review of a decision by the Bureau of Immigration Appeals affirming a denial of a continuance by an immigration judge of removal proceedings. Having weighed the relevant factors, we hold that the immigration judge did not abuse his discretion in denying petitioner’s motion for a continuance.

*839 I

“[A] decision to grant or deny continuances is in the sound discretion of the trial judge and will not be overturned except on a showing of clear abuse.” Rios-Berrios v. INS, 776 F.2d 859, 862 (9th Cir.1985) (citations omitted). We resolve questions of whether a denial of a continuance in an immigration proceeding constitutes abuse on a case by case basis. See Baires v. INS, 856 F.2d 89, 91 (9th Cir.1988). In our review, we look to four factors: (1) the inconvenience to the immigration court; (2) the nature of the evidence to be presented and the importance of that evidence to the alien’s claim; (3) whether the need for the continuance is due to unreasonable conduct on the part of the alien; and (4) the number of prior continuances and their duration. Id. at 92-93 .

II

In petitioner’s January 2002 removal proceeding,…