Rostamaba
Rostamaba v. Holder
Opinion
Lead Opinion
MEMORANDUM **
Ahmad Reza Ardestani Rostamaba, a native and citizen of Iran, and a citizen of Canada, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his request for a continuance for failure to prosecute his asylum, withholding of removal, and Convention Against Torture claims. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a motion for a continuance, Nakamoto v. Ashcroft, 363 F.3d 874 , 883 n. 6 (9th Cir.2004), and de novo questions of law, Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny the petition for review.
The IJ instructed Rostamaba to submit himself for fingerprinting and informed him of the consequences of a failure to do so, yet nearly one year later Rostamaba could not provide a reasonable explanation *500 for his failure to comply with this requirement. Accordingly, we conclude that the IJ did not abuse his discretion in denying Rostamaba’s request for a continuance to submit updated fingerprints. See Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246-47 (9th Cir.2008); cf. Cui v. Mukasey, 538 F.3d 1289, 1293-95 (9th…