Adriana Marin v. Loretta E. Lynch , 606 F. App'x 396 ( 2015 )

FILED
NOT FOR PUBLICATION JUN 30 2015
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
ADRIANA FIERRO MARIN, AKA No. 13-72781
Adriana Fienno Marin and JOSE MARIN-
MEDINA, Agency Nos. A098-410-333
A098-410-334
Petitioners,
v. MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 22, 2015**
Before: HAWKINS, GRABER, and W. FLETCHER, Circuit Judges.
Adriana Fierro Marin and Jose Marin-Medina, natives and citizens of
Mexico, petition for review of the Board of Immigration Appeals’ order dismissing
their appeal from an immigration judge’s decision denying their 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 entering an order of removal. We have jurisdiction under 8
U.S.C. § 1252. We review for abuse of discretion the denial of a motion for a
continuance. Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008) (per
curiam). We grant the petition for review and remand.
The BIA dismissed petitioners’ appeal of the denial of a continuance on the
sole ground that petitioners were not prima facie eligible for adjustment of status
because no visa was “immediately available.” To the contrary, petitioners were
“not required to show prima facie eligibility for adjustment of status to
demonstrate ‘good cause’ for a continuance.” Ahmed v. Holder, 569 F.3d 1009,
1015 (9th Cir. 2009). Given the BIA’s sole reliance on this ground for affirming
the denial of the continuance, we remand to allow the agency to consider the
factors outlined in our case law and its prior decisions relating to continuance
motions. See id. at 1012-15; see also Matter of Rajah, 25 I. & N. Dec. 127, 135-36
(BIA 2009).
PETITION FOR REVIEW GRANTED; REMANDED.
2 13-72781