Koo Soo Kim v. Jefferson Sessions ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 3 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
KOO SOO KIM, No. 15-71883
Petitioner, Agency No. A038-398-983
v.
MEMORANDUM*
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 26, 2017**
Before: SILVERMAN, TALLMAN and N.R. SMITH, Circuit Judges.
Koo Soo Kim, a native of South Korea and citizen of Canada, 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 Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
agency’s denial of a continuance. Sandoval-Luna v. Mukasey, 526 F.3d 1243,
1246 (9th Cir. 2008). We deny the petition for review.
The agency did not abuse its discretion or violate due process in denying
Kim’s request for a 16th continuance, where he failed to establish good cause. See
8 C.F.R. § 1003.29; Ahmed v. Holder, 569 F.3d 1009, 1012 (9th Cir. 2009) (factors
considered in determining whether the denial of a continuance constitutes an abuse
of discretion include the nature of the evidence excluded and the number of
continuances previously granted); Lata v. I.N.S., 204 F.3d 1241, 1246 (9th Cir.
2000) (requiring error and substantial prejudice to prevail on a due process claim).
PETITION FOR REVIEW DENIED.
2 15-71883