Carlos Moreno Hernandez v. Jefferson Sessions , 706 F. App'x 911 ( 2017 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 20 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
CARLOS ANTONIO MORENO No. 15-71811
HERNANDEZ, AKA Carlos Antonio
Moreno, AKA Tony Moreno, AKA Carlo A. Agency No. A036-277-695
Moreno Hernandez, AKA Carlos Moreno
Hernandez,
MEMORANDUM*
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 18, 2017**
Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges.
Carlos Antonio Moreno Hernandez, a native and citizen of El Salvador,
petitions for review of the Board of Immigration Appeals’ order dismissing his
*
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).
appeal from an immigration judge’s (“IJ”) decision finding him inadmissible and
denying his request for a continuance. We have jurisdiction under 8 U.S.C. § 1252.
We review for abuse of discretion the agency’s denial of a motion to continue,
Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1247 (9th Cir. 2008), and review de
novo questions of law, Vinh Tan Nguyen v. Holder, 763 F.3d 1022, 1027 (9th Cir.
2014). We deny in part and grant in part the petition for review, and remand.
The agency did not abuse its discretion in denying Moreno Hernandez’s
motion for a continuance where he failed to show good cause. See 8 C.F.R §
1003.29 (IJ has authority to grant continuance upon showing of good cause);
Salviejo-Fernandez v. Gonzales, 455 F. 3d 1063, 1067-68 (9th Cir. 2006)
(conviction under California Health and Safety Code § 11366 is an aggravated
felony); Sandoval-Luna, 526 F.3d at 1247 (no good cause for continuance where
relief from removal was not available).
The agency did not have the benefit of our decision in Ramirez-Contreras v.
Sessions, 858 F.3d 1298 (9th Cir. 2017), holding that California Vehicle Code §
2800.2(a) is not a crime involving moral turpitude, when it determined that
Moreno Hernandez’s conviction under § 2800.2(a) was categorically a crime
involving moral turpitude. We therefore remand because Moreno Hernandez is not
inadmissible under 8 U.S.C. § 1182(a)(2)(A)(i)(I). See Ramirez-Contreras, 853
F.3d at 1306 (holding § 2800.2 is indivisible).
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Each party shall bear its own costs for this petition for review.
PETITION FOR REVIEW DENIED in part; GRANTED in part;
REMANDED.
3 15-71811