Salazar

Salazar v. Gonzales

Good Law
158 F. App'x 912
United States Court of Appeals for the Ninth CircuitDecember 16, 2005No. 04-71782California309 words

Opinion

Lead Opinion

MEMORANDUM **

Martha Elena Gonzalez Salazar, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ decision summarily affirming an immigration judge’s (“IJ”) order denying her application for cancellation of removal on hardship grounds. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for abuse of discretion an IJ’s decision to deny a continuance, Nakamoto v. Ashcroft, 363 F.3d 874 , 883 n. 6 (9th Cir.2004), and we review de novo due process claims, Martinez-Rosas v. Gonzales, 424 F.3d 926, 930 (9th Cir.2005). We deny the petition for review.

Gonzalez Salazar testified that her legal permanent resident father would remain in the United States upon her removal to Mexico, and that his medical and financial needs would be met by her United States citizen brother. Under these circumstances, the IJ did not abuse her discretion by denying Gonzalez Salazar’s request for a continuance to obtain further evidence regarding her father’s medical condition. See Baires v. INS, 856 F.2d 89, 91 (9th Cir.1988) (requiring an IJ to consider the nature of the evidence to be presented and its importance to the alien's claim before denying a…

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