Sharma

Sharma v. Holder

Good Law
328 F. App'x 512
United States Court of Appeals for the Ninth CircuitJuly 6, 2009No. 07-74676California479 words

Opinion

Lead Opinion

*513 MEMORANDUM **

Garish Sharma, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from: (1) an immigration judge’s (“IJ”) decision denying his motion to continue and denial of relief under the Convention Against Torture (“CAT”); and (2) the BIA’s denial of his motion to remand. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review for abuse of discretion both the denial of a motion to continue, Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir.2008) (per curiam), and the BIA’s denial of a motion to remand, Romero-Ruiz v. Mukasey, 538 F.3d 1057, 1062 (9th Cir.2008). We review de novo claims of due process violations. Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We deny in part, and dismiss in part the petition for review.

The IJ did not abuse her discretion in denying Sharma’s motion to continue because the IJ previously granted a continuance, and Sharma’s eligibility for relief was speculative. See Sandoval-Luna, 526 F.3d at 1247 (denial of a motion to continue was not an abuse of discretion where proceedings had previously been continued and the petitioner was not immediately eligible…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.