Azim

Azim v. Holder

Good Law
321 F. App'x 644
United States Court of Appeals for the Ninth CircuitApril 6, 2009No. 06-72204California450 words

Opinion

Lead Opinion

MEMORANDUM **

Mostafa Azim, a native and citizen of Bangladesh, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decisions denying his motion to continue and denying his application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion to continue, Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir.2008) (per curiam), and for substantial evidence the agency’s adverse credibility determination, Kaur v. Ashcroft, 379 F.3d 876, 884 (9th Cir.2004). We deny in part and grant in part the petition for review, and remand for further proceedings.

The IJ did not abuse her discretion in denying Azim’s motion to continue because the IJ previously granted several continuances and Azim’s 1-140 petition had been denied. See Sandoval-Luna, 526 F.3d at 1247 (denial of a motion to continue was not an abuse of discretion where proceedings had already been continued and the *645 petitioner was not immediately eligible for relief).

Substantial evidence does not support the agency’s adverse credibility determination. See Hosseini…

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