Jason Yu v. Loretta E. Lynch , 669 F. App'x 453 ( 2016 )

NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS OCT 4 2016
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JASON CHUNG YU, No. 15-71120
Petitioner, Agency No. A088-555-545
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 27, 2016**
Before: TASHIMA, SILVERMAN, and M. SMITH, Circuit Judges.
Jason Chung Yu, a native and citizen of Taiwan, petitions for review of the
Board of Immigration Appeals’ order dismissing his appeal from an immigration
judge’s removal order denying his request for a continuance. We have jurisdiction
under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a
*
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).
continuance and review de novo due process challenges. Sandoval-Luna v.
Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008). We deny the petition for review.
The agency did not abuse its discretion or violate due process in denying
Yu’s request for a continuance for failure to show good cause, where success on
his motion for post-conviction relief was speculative and he failed to establish
prejudice. See 8 C.F.R. § 1003.29; Sandoval-Luna, 526 F.3d at 1247 (no abuse of
discretion or denial of due process to deny a continuance where relief was not
immediately available and alien did not establish prejudice); Garcia v. Lynch, 798
F.3d 876, 881 (9th Cir. 2015) (no abuse of discretion to deny a continuance where
petitioner already had six months to pursue post-conviction relief).
Yu’s contentions that he was denied his right to counsel and did not receive
a full and fair hearing are not supported by the record.
PETITION FOR REVIEW DENIED.
2 15-71120