Gutierrez

MEMORANDUM **

Jose Joaquin Gutierrez petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from the Immigration Judge’s order denying his application for cancellation of removal or voluntary departure. We deny the petition.

We reject Gutierrez’s first claim that the IJ abused its discretion by refusing to grant a continuance to allow his newly retained counsel time to prepare for the proceedings. The IJ may grant a continuance for “good cause shown.” Baires v. INS, 856 F.2d 89, 91 (9th Cir.1988) (citation omitted). Gutierrez failed to make that showing. He had ample time to prepare for the hearing date because he had already been granted two continuances over a five month period. Furthermore, there was uncontested evidence that the new request for further delay was a result of petitioner not hiring his new attorney until the morning of his hearing. See id. at 92-93 (noting that the number and length of previous delays, as well as the petitioner’s own unreasonable conduct support an IJ’s refusal to grant a continuance).

Moreover, Gutierrez must also establish that he was prejudiced by the IJ’s ruling. See id. at 93 . He has failed to do so. He has…