Jaber

Jaber v. Holder

Good Law
328 F. App'x 527
United States Court of Appeals for the Ninth CircuitJuly 6, 2009No. 06-75573California324 words

Opinion

Lead Opinion

MEMORANDUM **

Norma Jaber, a native and citizen of Lebanon, petitions for review of the Board of Immigration Appeals’ (“BIA”) order both dismissing her appeal from an immigration judge’s (“IJ”) decision denying a motion for a continuance, and denying her motion to remand. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion both the denial of a continuance, Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir.2008) (per curiam), and the denial of a motion to remand, de Jesus Melendez v. Gonzales, 503 F.3d 1019, 1023 (9th Cir.2007). We deny the petition for review.

We conclude the IJ did not abuse her discretion by denying a second continuance to allow Jaber to seek expungement of a conviction. See Grageda v. INS, 12 F.3d 919, 921 (9th Cir.1993); Sandoval-Luna, 526 F.3d at 1247 . To the extent Jaber raises a due process claim based upon denial of the continuance, that claim fails as well. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error in order to prevail on a due process challenge).

Furthermore, we conclude the BIA did not abuse its discretion by denying Jaber’s motion to remand because she failed to set forth a prima facie ease…

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