Salgado-Rosas v. Holder , 382 F. App'x 586 ( 2010 )

FILED
NOT FOR PUBLICATION JUN 07 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
HILARIO SALGADO-ROSAS, No. 06-73563
Petitioner, Agency No. A074-427-940
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 25, 2010 **
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Hilario Salgado-Rosas, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s decision denying his motion to continue and ordering him
*
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).
removed. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of
discretion the denial of a motion to continue, Sandoval-Luna v. Mukasey, 526 F.3d
1243, 1246 (9th Cir. 2008) (per curiam), and we deny the petition for review.
The agency did not abuse its discretion in denying Salgado-Rosas’ motion to
continue because a visa was not available to Salgado-Rosas and his eligibility for
relief was speculative. See id. at 1247 (denial of a motion to continue was not an
abuse of discretion where petitioner was not eligible for relief).
Salgado-Rosas’ period of voluntary departure will begin to run upon
issuance of this court’s mandate. See Elian v. Ashcroft, 370 F.3d 897 (9th Cir.
2004) (order).
PETITION FOR REVIEW DENIED.
2 06-73563