Zhuk

Zhuk v. Mukasey

Good Law
281 F. App'x 737
United States Court of Appeals for the Ninth CircuitJune 6, 2008No. 04-75208California536 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioners Kostyantn Zhuk (“Zhuk”), a native and citizen of Ukraine, and Janneth Jackline Burga-Salazar (“Burga-Salazar”), a native and citizen of Peru, seek review of the Board of Immigration Appeals’ (“BIA”) decision adopting and affirming the Immigration Judge’s (“IJ”) order denying their application for asylum. Zhuk and Burga-Salazar are married; BurgaSalazar was named on Zhuk’s asylum application relating to his persecution in Ukraine. We have jurisdiction under 8 U.S.C. § 1252 (a).

Petitioners argue that they were denied a full and fair hearing because the IJ denied Burga-Salazar’s request for a continuance, which might have allowed her to apply for relief from removal to Peru. An IJ may grant a continuance for good cause shown. See 8 C.F.R. § 1008.29 . “The decision whether to grant a continuance is in the sound discretion of the trial judge and will not be overturned except on a showing of clear abuse.” Gonzalez v. INS, 82 F.3d 903, 908 (9th Cir.1996) (internal quotation marks omitted). Although the IJ specifically asked Burga-Salazar during the initial hearing whether she needed to file her own asylum application as to Peru, at the time of the merits…

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