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Sifuentes-Garcia v. Gonzales ( 2006 )


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  •                                                         United States Court of Appeals
    Fifth Circuit
    F I L E D
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE FIFTH CIRCUIT                   July 27, 2006
    Charles R. Fulbruge III
    Clerk
    No. 05-60680
    Summary Calendar
    JUAN MARIO SIFUENTES-GARCIA,
    Petitioner,
    versus
    ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL,
    Respondent.
    --------------------
    Petition for Review of an Order of the
    Board of Immigration Appeals
    BIA No. A75-214-007
    --------------------
    Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges.
    PER CURIAM:*
    Juan Mario Sifuentes-Garcia (Sifuentes) appeals the
    affirmance by the Board of Immigration Appeals (BIA) of the
    Immigration Judge’s (IJ) denial of a motion for continuance of
    the removal proceeding.   Sifuentes contends that he should have
    been granted the continuance so that he could challenge the 2003
    alien-smuggling conviction that rendered him removable.
    This court reviews the denial of a continuance for abuse of
    discretion.    Witter v. INS, 
    113 F.3d 549
    , 555-56 (5th Cir. 1997).
    An IJ may grant a continuance upon a showing of good cause.         
    Id.
    *
    Pursuant to 5TH CIR. R. 47.5, the court has determined that
    this opinion should not be published and is not precedent except
    under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
    No. 05-60680
    -2-
    Sifuentes cites to two BIA decisions having nothing to do
    with the granting of a continuance, and he makes no argument
    directly relevant to the “good cause” that must be shown in order
    to obtain a continuance.
    Sifuentes fails to show that the denial of a continuance was
    an abuse of discretion.    His petition for review is DENIED.
    

Document Info

Docket Number: 05-60680

Filed Date: 7/27/2006

Precedential Status: Non-Precedential

Modified Date: 4/18/2021