Vargas

Vargas v. Gonzales

Good Law
210 F. App'x 686
United States Court of Appeals for the Ninth CircuitDecember 12, 2006Nos. 05-72027, 05-73616California363 words

Opinion

Lead Opinion

MEMORANDUM **

Abelino Diaz Vargas and Angelica Maria Carbajal Dimas, natives and citizens of *687 Mexico, petition for review of two Board of Immigration Appeals’ (“BIA”) orders, one affirming an immigration judge’s (“IJ”) order denying cancellation of removal (No. 05-72027), and one denying their motion to reopen (No. 05-73616). We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review for abuse of discretion the denial of a continuance, Nakamoto v. Ashcroft, 363 F.3d 874 , 883 n. 6 (9th Cir.2004), and the denial of a motion to reopen, Rodriguez-Lariz v. INS, 282 F.3d 1218, 1222 (9th Cir.2002). We review de novo due process claims, id., and we deny the petition for review.

In case no. 05-72027, we reject Petitioners’ contentions that the IJ violated then-due process rights by issuing an oral decision without sua sponte continuing then-hearing for additional testimony. The BIA considered the nature of the evidence to be presented, and properly determined that additional evidence of petitioners’ son’s medical condition would not have affected the outcome of the proceedings. See Colmenar v. INS, 210 F.3d 967, 971 (9th Cir.2000) (a due process violation occurs where proceedings…

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