Dhaifallah

Dhaifallah v. Holder

Good Law
346 F. App'x 244
United States Court of Appeals for the Ninth CircuitSeptember 28, 2009Nos. 06-74350, 06-75133California560 words

Opinion

Lead Opinion

MEMORANDUM **

Ali Mohammed Ali Dhaifallah, a native and citizen of Yemen, petitions for review in case No. 06-74350 of a Board of Immigration Appeals’ (“BIA”) order (1) affirming an immigration judge’s (“IJ”) denial of a motion to continue; (2) dismissing his appeal from the IJ’s decision denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”); and (3) denying his motion to reopen and remand for adjustment of status. Dhaifallah also petitions for review in No. 06-75133 of the BIA’s order denying reconsideration. We have jurisdiction under 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 denial of a motion to remand, Romero-Ruiz v. Muka *246 sey, 538 F.3d 1057, 1062 (9th Cir.2008). We review factual findings for substantial evidence. See Zehatye v. Gonzales, 453 F.3d 1182, 1184-85 (9th Cir.2006). We review de novo claims of due process violations. Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000). We grant in part and deny in part the petition for review in No. 06-74350, and we dismiss as…

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