Enrique Bermudez-Alonso v. Eric Holder, Jr.

Good Law
519 F. App'x 444
United States Court of Appeals for the Ninth CircuitMay 20, 201311-72922California387 words

Opinion

Opinion

MEMORANDUM

Enrique Bermudez-Alonso, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his motion to continue his removal proceedings. We have jurisdiction under 8 U.S.C. § 1252 . We review for abuse of discretion the agency’s denial of a motion to continue, Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir.2008) (per curiam), and review de novo questions of law and due process claims, Vargas-Hernandez v. Gonzales, 497 F.3d 919, 921 (9th Cir.2007). We deny the petition for review.

The agency did not abuse its discretion by denying Bermudez-Alonso’s motion to continue in order to wait for the enactment of comprehensive immigration reform, because he failed to demonstrate good cause for a continuance. See Singh v. Holder, 638 F.3d 1264, 1274 (9th Cir.2011) (“[A]n IJ ‘may grant a motion for continuance for good cause shown.’ ” (citation omitted)). Bermudez-Alonso conceded his ineligibility for relief from removal under current law, and the basis for his motion remained a merely speculative possibility at the time of his removal hearing. See id. (“[T]he IJ [is] not…

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