Ramos-Pliego

Ramos-Pliego v. Gonzales

Good Law
158 F. App'x 76
United States Court of Appeals for the Ninth CircuitDecember 13, 2005No. 04-74661California290 words

Opinion

Lead Opinion

MEMORANDUM **

Silvia Ramos-Pliego, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s (“IJ”) order denying her application for cancellation of removal. We review for abuse of discretion the denial of a request for a continuance. See Baires v. INS, 856 F.2d 89, 91 (9th Cir.1988). We deny the petition for review.

The agency did not abuse its discretion when it denied Ramos-Pliego’s request for a continuance because the record shows that not only did Ramos-Pliego have over twelve months after the initial hearing to procure a psychological evaluation to supplement her claim of hardship, she was also granted a thirty-day extension after the merits hearing to obtain that evidence. See Baires, 856 F.2d at 91 (the denial of a continuance is a question which “must be resolved on a case by case basis according to the facts and circumstances of each case”). Ramos-Pliego’s subsequent failure to submit a psychological evaluation or to make a showing that she had attempted to get one during this thirty-day period, as well as her inability to provide any evidence that her children suffered from any…

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