Alejo v. Holder ( 2012 )

FILED
NOT FOR PUBLICATION MAY 25 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
VICTOR HUGO ALEJO, No. 06-73319
Petitioner, Agency No. A075-607-030
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 15, 2012 **
Before: CANBY, GRABER, and M. SMITH, Circuit Judges.
Victor Hugo Alejo, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ order summarily affirming an immigration
judge’s decision (“IJ”) denying his request for a continuance. We have jurisdiction
under 8 U.S.C. § 1252. We review for abuse of discretion the request for a
*
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).
continuance and review de novo due process claims. Sandoval-Luna v. Mukasey,
526 F.3d 1243, 1246 (9th Cir. 2008) (per curiam). We deny the petition for
review.
The IJ did not abuse his discretion or violate due process in denying Alejo’s
request for a continuance where Alejo’s eligibility for relief was speculative. See
id. at 1247 (no abuse of discretion in denying a motion to continue where relief
was not immediately available); Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000)
(“To prevail on a due process challenge to deportation proceedings, [a petitioner]
must show error and substantial prejudice.”).
PETITION FOR REVIEW DENIED.
2 06-73319