Martha Morales-Males v. Eric Holder, Jr. , 550 F. App'x 479 ( 2013 )

FILED
NOT FOR PUBLICATION DEC 20 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARTHA CECILIA MORALES- No. 13-70030
MALES,
Agency No. A087-596-116
Petitioner,
v. MEMORANDUM*
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 17, 2013**
Before: GOODWIN, WALLACE, and GRABER, Circuit Judges.
Martha Cecilia Morales-Males, a native and citizen of Ecuador, petitions for
review of the Board of Immigration Appeals’ order dismissing her appeal from an
immigration judge’s decision denying her request for a continuance. We have
jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of
*
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).
a continuance, and review de novo constitutional claims. 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 in denying Morales-Males’ motion
for a continuance, where she failed to demonstrate good cause. See 8 C.F.R.
§ 1003.29; see also Sandoval-Luna, 526 F.3d at 1247 (denial of a motion to
continue was not an abuse of discretion where relief was not immediately available
to petitioner). It follows that Morales-Males’ due process claim fails. See Lata v.
INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error to prevail on a due
process claim).
PETITION FOR REVIEW DENIED.
2 13-70030