Luis Rocha Rios v. Jefferson Sessions , 692 F. App'x 403 ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS JUN 2 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
LUIS ALBERTO ROCHA RIOS, No. 15-73788
Petitioner, Agency No. A205-053-380
v.
MEMORANDUM*
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 24, 2017**
Before: THOMAS, Chief Judge, and SILVERMAN and RAWLINSON,
Circuit Judges.
Luis Alberto Rocha Rios, 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 motion for a continuance or
administrative closure. Our jurisdiction is governed by 8 U.S.C. § 1252. We
*
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).
review for abuse of discretion the agency’s denial of a continuance. Sandoval-
Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008). We deny in part and
dismiss in part the petition for review.
The agency did not abuse its discretion in denying for lack of good cause
Rocha Rios’s motion for an indefinite continuance to allow him to adjust his status
once his approved relative visa petition became current, where he presented no
evidence that relief was immediately available to him. See 8 C.F.R. § 1003.29 (an
IJ may grant a continuance for good cause shown); Sandoval-Luna, 526 F.3d at
1247 (no good cause for continuance where relief from removal was not
immediately available).
We lack jurisdiction to review the agency’s determination regarding
administrative closure. See Diaz-Covarrubias v. Mukasey, 551 F.3d 1114, 1118
(9th Cir. 2009).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 15-73788