Sovarzo-Pacheco v. Holder , 381 F. App'x 673 ( 2010 )

FILED
NOT FOR PUBLICATION JUN 02 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ARMIDA SOVARZO-PACHECO, No. 08-70278
Petitioner, Agency No. A075-594-910
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 25, 2010 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Armida Sovarzo-Pacheco, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order dismissing her appeal from an
immigration judge’s decision denying her requests to continue or administratively
close removal proceedings. Our jurisdiction is governed by 8 U.S.C. § 1252. We
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
review for abuse of discretion the denial of a continuance. Sandoval-Luna v.
Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008) (per curiam). We deny in part and
dismiss in part the petition for review.
The agency did not abuse its discretion by denying Sovarzo-Pacheco’s
request for a continuance for failure to establish good cause. See 8 C.F.R.
§ 1003.29; see also Sandoval-Luna, 526 F.3d at 1247 (denial of continuance was
within IJ’s discretion where relief was not immediately available); Gonzales v.
INS, 82 F.3d 903, 908 (1996) (denial of continuance “will not be overturned except
on a showing of clear abuse”).
We lack jurisdiction to review the agency’s decision not to administratively
close proceedings. See Diaz-Covarrubias v. Mukasey, 551 F.3d 1114, 1120 (9th
Cir. 2009).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 08-70278