Santos-Martinez

Santos-Martinez v. Holder

Good Law
333 F. App'x 290
United States Court of Appeals for the Ninth CircuitOctober 1, 2009No. 06-71059California199 words

Opinion

Lead Opinion

MEMORANDUM **

Juana Santos-Martinez, native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s (“IJ”) removal order. We have jurisdiction under 8 U.S.C. § 1252 . Reviewing for abuse of discretion the denial of a motion for a continuance, Baires v. INS, 856 F.2d 89, 91 (9th Cir.1988), we deny the petition for review.

The agency properly deemed Santos-Martinez’s application abandoned after she failed to file it by the deadline set by the IJ. See 8 C.F.R. § 1003.31 (c). The agency did not abuse its discretion in denying Santos-Martinez’s motion to continue where proceedings had already been continued for preparation and filing of applications and Santos-Martinez did not establish good cause. See 8 C.F.R. § 1003.29 (IJ has authority to grant a continuance upon a showing of good cause); Baires, 856 F.2d at 91 .

Santos-Martinez’s due process claim therefore fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error for a due process violation).

Petitioner’s remaining contentions are unavailing.

PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is…

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