Larios v. Holder , 362 F. App'x 781 ( 2010 )

FILED
NOT FOR PUBLICATION JAN 20 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
LUIS LARIOS, No. 06-71318
Petitioner, Agency No. A078-651-315
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 11, 2010 **
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
Luis Larios, a native and citizen of Mexico, petitions for review of the Board
of Immigration Appeals’ order summarily affirming an immigration judge’s (“IJ”)
decision denying his application for cancellation of removal and his motion 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 finds this case suitable for decision without
oral argument. See Fed. R. App. P. 34(a)(2).
JT/Research
continuance. We have jurisdiction pursuant to 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), and review de novo
claims of due process violations, Vasquez-Zavala v. Ashcroft, 324 F.3d 1105, 1107
(9th Cir. 2003). We deny the petition for review.
The IJ did not abuse his discretion in denying Larios’ motion for a
continuance because Larios did not demonstrate good cause. See
8 C.F.R. § 1003.29 (an IJ may grant a motion for continuance for good cause
shown); see also Sandoval-Luna, 526 F.3d at 1247 (denial of continuance was
within IJ’s discretion where relief was not immediately available). Larios’ due
process claim fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000)
(requiring error for a petitioner to prevail on a due process claim).
Larios has waived any challenge to the denial of his cancellation of removal
application. See Martinez-Serrano v. INS, 94 F.3d 1256, 1259-60 (9th Cir. 1996).
PETITION FOR REVIEW DENIED.
JT/Research 2 06-71318