Maduena-Garnica

MEMORANDUM **

Felipe Maduena-Garnica, Jr., a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) March 1, 2004 decision affirming an immigration judge’s (“IJ”) denial of cancellation of removal (No. 04-73187), and its August 27, 2004 order denying his motion to reopen (No. 04-74889). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a continuance, Nakamoto v. Ashcroft, 363 F.3d 874 , 883 n. 6 (9th Cir.2004), and the denial of a motion to reopen, Rodriguez-Lariz v. INS, 282 F.3d 1218, 1222 (9th Cir.2002). We review de novo due process claims, id., and we deny the petition for review.

The IJ did not abuse his discretion in denying Maduena-Garnica’s request for a continuance, because the IJ properly considered the nature of the evidence to be presented, and determined that additional evidence of his mother’s medical condition and testimony regarding diminished educational opportunities in Mexico would not have any bearing on Maduena-Garnica’s hardship claim. See Baires v. INS, 856 F.2d 89, 91 (9th Cir.1988); see also Gonzalez v. INS, 82 F.3d 903, 908 (9th Cir.1996) (“The decision whether to…