Benjamin Soledad-Beltran v. Eric Holder, Jr. , 473 F. App'x 696 ( 2012 )

FILED
NOT FOR PUBLICATION MAY 24 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
BENJAMIN SOLEDAD-BELTRAN, No. 09-72926
Petitioner, Agency No. A094-397-505
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.
Benjamin Soledad-Beltran, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s (“IJ”) decision denying his motion for a continuance. We
have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the
*
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).
denial of a continuance, Ahmed v. Holder, 569 F.3d 1009, 1012 (9th Cir. 2009),
and we deny the petition for review.
The agency did not abuse its discretion in denying Soledad-Beltran’s motion
for a continuance to await the processing of a labor certification application he
claimed his employer had filed on his behalf where no favorable evidence was
excluded as a result of the denial, the application was filed only after he was placed
in removal proceedings, and three continuances had previously been granted for
this purpose. See id. at 1012-14; see also Sandoval-Luna v. Mukasey, 526 F.3d
1243, 1247 (9th Cir. 2008) (per curiam) (no abuse of discretion in denying
continuance pending approval of labor certification application where petitioner’s
ultimate eligibility for relief was speculative). Contrary to Soledad-Beltran’s
contention, the IJ did not improperly deny his motion solely on the basis of case
completion goals.
PETITION FOR REVIEW DENIED.
2 09-72926