Chavez-Caal

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ order affirming the Immigration Judge’s (“IJ”) order finding petitioner ineligible for cancellation of removal based on his controlled substance conviction and denying a further request for a continuance.

Petitioner does not challenge the agency’s finding that he is ineligible for cancellation of removal in light of his conviction for possession for sale of cocaine, in violation of California Health & Safety Code § 11351. See 8 U.S.C. § 1229b(b)(l)(C); 8 U.S.C. § 1182 (a)(2)(A)(i)(II). Accordingly, respondent’s motion to dismiss this petition for review for lack of jurisdiction is granted in part. See 8 U.S.C. § 1252 (a)(2)(C).

Under 8 C.F.R. § 1003.29 , an IJ “may grant a motion for continuance for good cause shown.” We review the denial of a motion for continuance for abuse of discretion. See Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir.2008). On May 6, 2004, and again on July 22, 2005, the IJ continued proceedings while petitioner sought to vacate his conviction. When proceedings reconvened on March 16, 2007, petitioner informed the IJ that he had not been successful in overturning his…