Ricardo Gutierrez v. Eric H. Holder Jr. ( 2010 )

FILED
NOT FOR PUBLICATION DEC 13 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
RICARDO PILAR GUTIERREZ, No. 08-73713
NORMA GUTIERREZ and DAMIAN
GUTIERREZ, Agency Nos. A097-869-098
A097-869-099
Petitioners, A097-869-100
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 6, 2010 **
Before: GOODWIN, RYMER, and GRABER, Circuit Judges.
Ricardo Pilar Gutierrez, Norma Gutierrez, and Damian Gutierrez, natives
and citizens of Mexico, petition pro se for review of the Board of Immigration
Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”)
*
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).
removal order and denying their motion to remand based on ineffective assistance
of counsel. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of
discretion the denial of a continuance, Sandoval-Luna v. Mukasey, 526 F.3d 1243,
1246 (9th Cir. 2008) (per curiam), and denial of a motion to remand, Movsisian v.
Ashcroft, 395 F.3d 1095, 1098 (9th Cir. 2005). We deny the petition for review.
The IJ did not abuse her discretion in denying a continuance where
petitioners failed to demonstrate good cause to justify a fourth continuance. See 8
C.F.R. § 1003.29 (an IJ may grant a motion for continuance for good cause
shown).
The BIA did not abuse its discretion in denying petitioners’ motion to
remand where they failed to establish that former counsel’s failure to submit
documents regarding the educational system in Mexico may have affected the
outcome of their case. See Rojas-Garcia v. Ashcroft, 339 F.3d 814, 826 (9th Cir.
2003) (to prevail on an ineffective assistance of counsel claim a petitioner must
demonstrate prejudice).
PETITION FOR REVIEW DENIED.
2 08-73713