Puga-Saldivar

Puga-Saldivar v. Gonzales

Good Law
210 F. App'x 644
United States Court of Appeals for the Ninth CircuitDecember 8, 2006No. 05-76457California344 words

Opinion

Lead Opinion

MEMORANDUM **

Juan Manuel Puga-Saldivar, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his application for cancellation of removal. We deny the petition for review.

We review the decision to deny a continuance for abuse of discretion. See Nakamoto v. Ashcroft, 363 F.3d 874 , 883 n. 6 (9th Cir.2004). Puga-Saldivar had over a year prior to the hearing to obtain an updated fingerprint check and was warned by the IJ that if he did not obtain an updated fingerprint check his application would be denied. Despite the IJ’s instructions, Puga-Saldivar failed to obtain an updated fingerprint check and failed to offer a reasonable explanation for his failing to do so. Under these circumstances, the IJ did not abuse his discretion in denying a continuance.

We review for substantial evidence the agency’s factual findings concerning whether an applicant is a person of good moral character under 8 U.S.C. § 1101 (f). See Moran v. Ashcroft, 395 F.3d 1089, 1091 (9th Cir.2005). Substantial evidence supports the agency’s determination that Puga-Saldivar failed…

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