Cervantes-Cisneros

Cervantes-Cisneros v. Holder

Good Law
556 F. App'x 634
United States Court of Appeals for the Ninth CircuitFebruary 25, 2014No. 12-73721California299 words

Opinion

Lead Opinion

MEMORANDUM **

Josué Cervantes-Cisneros, a native and citizen of Mexico, petitions for review of an order of the Board of Immigration Appeals (“BIA”) dismissing his appeal from the decision of an immigration judge (“IJ”) denying his motion to continue. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion the agency’s denial of a continuance, Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir.2008) (per curiam), and review de novo whether the agency applied a correct legal standard, Florez-de Solis v. INS, 796 F.2d 330, 333 (9th Cir.1986). We deny the petition for review.

The agency did not abuse its discretion by denying Cervantes-Cisneros’s motion for a continuance to seek post-conviction relief in state court, because Cervantes-Cisneros failed to demonstrate good cause for a continuance. See Singh v. Holder, 638 F.3d 1264, 1274 (9th Cir.2011) (“[A]n IJ ‘may grant a motion for continuance for good cause shown.’ ” (citation omitted)). Cervantes-Cisneros conceded his inadmissibility and ineligibility for relief from removal, and collateral post-conviction relief remained a merely speculative possibility at the time of his final hearing. See id.…

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