Santos-Martinez
Santos-Martinez v. Holder
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.