Loomba

Loomba v. Holder

Good Law
391 F. App'x 588
United States Court of Appeals for the Ninth CircuitAugust 2, 2010No. 07-71632California451 words

Opinion

Lead Opinion

MEMORANDUM **

Swaran Loomba, a native and citizen of India, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) removal order. Our jurisdiction is governed by 8 U.S.C. § 1252 . We review de novo questions of law, including due process challenges, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107 (9th Cir.2003), and review for abuse of discretion the denial of a motion to remand, Movsisian v. Ashcroft, 395 F.3d 1095, 1098 (9th Cir.2005). We deny in part and dismiss in part the petition for review.

Loomba contends the IJ should have terminated proceedings for lack of prosecution due to technical defects in the charging documents. We agree with the BIA that the IJ did not err in granting the government’s request for a continuance to remedy these alleged defects. See 8 C.F.R. §§ 1003.29 , 1003.30, 1240.10(e). Loomba’s contention that the agency violated its own regulations fails because he is unable to demonstrate prejudice. See Kohli v. Gonzales, 473 F.3d 1061, 1066-67 (9th Cir.2007) (‘When presented with allegations that an agency has violated its own regulation ... the claimant must show he was prejudiced…

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