Bautista-Rodriguez

MEMORANDUM **

Tomas Bautista-Rodríguez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) summary affirmance without opinion of an Immigration Judge’s (“IJ”) denial of his request for a continuance, and entry of a removal order. We have partial jurisdiction pursuant to 8 U.S.C. § 1252 , and review claims of due process violations de novo. See Tovar-Landin v. Ashcroft, 361 F.3d 1164, 1166 (9th Cir.2004). We deny the petition for review in part, and dismiss it in part.

In May 2002, the IJ granted BautistaRodriguez a continuance for the purpose of obtaining counsel. At his scheduled hearing in July 2002, Bautista-Rodriguez proffered a letter from counsel requesting another continuance. This letter was dated the Sunday before Bautista-Rodriguez’s Monday hearing, and was rejected by the IJ as improperly filed. Under these circumstances, we conclude that there was no due process violation in the IJ’s decision to deny a further continuance. See Vides-Vides v. INS, 783 F.2d 1463, 1469 (9th Cir.1986) (rejecting a due process claim where the “IJ had done everything he reasonably could to permit [the petitioner] to obtain counsel”).

To the…