Abdoul Aziz Seydi v. U.S. Attorney General ( 2009 )

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
AUGUST 10, 2009
No. 08-16671 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
Agency No. A079-059-367
ABDOUL AZIZ SEYDI,
Petitioner,
versus
U.S. ATTORNEY GENERAL,
Respondent.
________________________
Petition for Review of a Decision of the
Board of Immigration Appeals
_________________________
(August 10, 2009)
Before MARCUS, PRYOR and ANDERSON, Circuit Judges.
PER CURIAM:
Abdoul Aziz Seydi, a native and citizen of Senegal, petitions for review of a
final order of the Board of Immigration Appeals that affirmed the denial of a
continuance and ordered him removed from the country. Seydi argues that he was
entitled to a continuance of his removal proceedings because he had applied and
was eligible for adjustment of status based on an intervening marriage to a citizen
of the United States.
The denial of a motion for a continuance is reviewed for an abuse of
discretion. Bull v. INS, 790 F.2d 869, 871 (11th Cir. 1986). Factual findings are
reviewed under the substantial evidence test. Al Najjar v. Ashcroft, 257 F.3d 1262,
1283 (11th Cir. 2001). Under the substantial evidence test, we must affirm the
decision of the Board if it is “supported by reasonable, substantial, and probative
evidence on the record considered as a whole.” Id. at 1284.
The Board did not abuse its discretion. Substantial evidence supports the
finding that Seydi had represented falsely that he was a citizen of the United States,
which rendered him statutorily ineligible for adjustment of status. 8 U.S.C.
§§ 1182(a)(6)(C)(ii)(I). Seydi was not entitled to a continuance.
PETITION DENIED.
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