Landeros-Torres

Landeros-Torres v. Mukasey

Good Law
311 F. App'x 12
United States Court of Appeals for the Ninth CircuitJanuary 27, 2009No. 08-72742California263 words

Opinion

Lead Opinion

MEMORANDUM **

This is a petition for review of the Board of Immigration Appeals’ order dismissing an appeal from an immigration judge’s order denying a continuance of proceedings and denying relief from removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 (a)(2).

This court reviews an immigration judge’s discretionary denial of a continuance for an abuse of discretion. See Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246-47 (9th Cir.2008). “The decision to grant or deny a continuance is in the sound discretion of the judge and will not be overturned except on a showing of clear abuse.” Id. (internal citations omitted). The BIA did not abuse its discretion in denying petitioner’s motion for an indefinite continuance to “await the passage of pending comprehensive immigration reform legislation” where petitioner conceded there was no form of relief available to him at that time other than voluntary departure. See Motion for a Continuance, A.R. 62-63.

Accordingly, respondent’s motion for summary disposition is granted because the questions raised by this petition for review are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858…

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