Ochoa-Rodriguez

Ochoa-Rodriguez v. Gonzales

Good Law
196 F. App'x 459
United States Court of Appeals for the Ninth CircuitAugust 1, 2006Nos. 04-73869, 04-76154California512 words

Opinion

Lead Opinion

MEMORANDUM **

Rodolfo Ochoa-Rodriguez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order affirming an immigration judge’s decision denying his application for cancellation of removal, and the BIA’s order denying his motion to reopen removal proceedings. To the extent we have jurisdiction, it is conferred by 8 U.S.C. § 1252 . *461 We dismiss the petitions for review in part and deny them in part.

We lack jurisdiction to review the BIA’s discretionary determination that petitioner failed to show exceptional and extremely unusual hardship. See Romero-Torres v. Ashcroft, 327 F.3d 887, 890 (9th Cir.2003).

The IJ did not abuse her discretion in denying petitioner’s request for a continuance. That request was not made until the day of the hearing, and was based on petitioner’s need for additional time to gather evidence regarding his five-year-old son’s speech problem, even though his son had suffered from the condition since age two. See Gonzalez v. INS, 82 F.3d 903, 908 (9th Cir.1996) (denial of a continuance will not be overturned except on a showing of clear abuse).

The evidence regarding speech problems that petitioner…

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