Michel-Lopez

Michel-Lopez v. Gonzales

Good Law
155 F. App'x 282
United States Court of Appeals for the Ninth CircuitNovember 21, 2005No. 04-74053; Agency No. A79-524-354California314 words

Opinion

Lead Opinion

*283 MEMORANDUM **

Alma Rosa Michel-Lopez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing her appeal from an immigration judge’s (“IJ”) order denying her application for cancellation of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review the denial of a motion to continue for abuse of discretion, see Nakamoto v. Ashcroft, 363 F.3d 874 , 883 n. 6 (9th Cir.2004), and we review legal determinations regarding an alien’s eligibility for cancellation of removal de novo. See Montero-Martinez v. Ashcroft, 277 F.3d 1137, 1145 (9th cir.2002). We deny the petition for review.

The IJ granted Michel-Lopez’s first two requests for a continuance, then denied her third request for a continuance, stating that Michel-Lopez would need to file a more detailed motion two weeks before the next hearing. Instead of following the IJ’s instructions, Michel-Lopez filed a motion for a continuance on the Friday before her Monday hearing. Under these circumstances, the IJ did not abuse her discretion in denying a further continuance.

In support of her application for cancellation of removal, Michel-Lopez repeatedly…

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