Luis Medina-Priaz v. Eric Holder, Jr. , 579 F. App'x 532 ( 2014 )

FILED
NOT FOR PUBLICATION JUN 16 2014
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
LUIS MEDINA-PRIAZ, No. 13-70357
Petitioner, Agency No. A088-719-167
v.
MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 12, 2014**
Before: McKEOWN, WARDLAW, and M. SMITH, Circuit Judges.
Luis Medina-Priaz, a native and citizen of Mexico, petitions for review of
the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s (“IJ”) decision denying his motion for a continuance of his
removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review de
*
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).
novo questions of law, including constitutional claims. Sandoval-Luna v.
Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008) (per curiam). We deny the petition
for review.
The BIA applied the correct legal standard and provided a reasoned
explanation for its decision denying Medina-Priaz’s motion for a two-year
continuance to await the passage of immigration-reform legislation, where the BIA
invoked the applicable “good cause” legal standard and cited pertinent legal
authorities. See Singh v. Holder, 638 F.3d 1264, 1274 (9th Cir. 2011) (“[A]n IJ
‘may grant a motion for continuance for good cause shown.’” (citation omitted));
see also Mendez-Castro v. Mukasey, 552 F.3d 975, 980 (9th Cir. 2009) (concluding
that the agency applied the correct legal standard in a case where the agency
“expressly cited and applied [relevant case law] in rendering its decision, which is
all our review requires”).
The record belies Medina-Priaz’s contention that the BIA violated due
process by failing to address his due process claim.
PETITION FOR REVIEW DENIED.
2 13-70357