Soriano-Aragon v. Holder , 396 F. App'x 379 ( 2010 )

FILED
NOT FOR PUBLICATION SEP 22 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ALBERTO PABLO SORIANO- No. 07-71636
ARAGON,
Agency No. A077-125-253
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 13, 2010 **
Before: SILVERMAN, CALLAHAN, and N.R. SMITH, Circuit Judges.
Alberto Pablo Soriano-Aragon, 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 request 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).
We review de novo claims of due process violations in immigration proceedings.
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 in denying Soriano-Aragon’s request
for a continuance at his November 29, 2005, hearing because he did not
demonstrate good cause where he failed to present evidence that an I-140
immigrant visa petition was pending with the agency, and where the IJ had granted
three prior continuance requests over the four years Soriano-Aragon’s case was
before the IJ. See 8 C.F.R. § 1003.29; cf. Ahmed, 569 F.3d at 1012-14. As
Soriano-Aragon cannot demonstrate error, it follows that his due process claim
must fail. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error for
a due process violation).
PETITION FOR REVIEW DENIED.
2 07-71636