Delcimard
Delcimard v. Mukasey
Opinion
Lead Opinion
MEMORANDUM ***
Josette Delcimard, a citizen and native of Haiti, petitions for review of the order of the Board of Immigration Appeals (“BIA”), which affirmed and substantially adopted the Immigration Judge’s (“IJ”) decision denying Delcimard’s application for asylum, withholding of removal, and relief under the Convention Against Torture. We deny the petition. Because the parties are familiar with the facts of this case, we repeat them here only as necessary.
On appeal Delcimard argues that the IJ denied her due process by not continuing her third hearing to allow her additional time to secure representation. We review de novo whether a petitioner’s statutory right to counsel was violated. MendozaMazariegos v. Mukasey, 509 F.3d 1074, 1079 (9th Cir.2007) (citing Hernandez-Gil v. Gonzales, 476 F.3d 803 , 804 n. 1 (9th Cir.2007)). We review the denial of a request for a continuance for an abuse of discretion. Id. at 1079-80 (citation omitted); Biwot v. Gonzales, 403 F.3d 1094, 1099 (9th Cir.2005) (citation omitted) (“Absent a showing of clear abuse, we typically *452 do not disturb an IJ’s discretionary decision not to continue a hearing.”).