Medina-Campos v. Ashcroft

MEMORANDUM ^**

Javier Medina-Campos, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ decision summarily affirming the Immigration Judge’s (“IJ”) order denying his request for a continuance and finding him removable. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for an abuse of discretion the decision to deny a continuance, De La Cruz v. INS, 951 F.2d 226, 229 (9th Cir.1991) (per curiam), and review de novo due process contentions, Jimenez-Angeles v. Ashcroft, 291 F.3d 594, 599 (9th Cir.2002). We deny the petition for review.

The IJ did not abuse his discretion in denying Medina-Campos’ request for a continuance to locate his estranged wife and ask her to submit a visa application on his behalf. Medina-Campos was granted a change of venue and had already received one continuance to locate his wife, and presented no evidence of how a further continuance would assist him in doing so. See Baires v. INS, 856 F.2d 89, 91, 92-93 (9th Cir.1988) (discussing factors IJ must consider when adjudicating a request for a continuance).

Because the IJ did not abuse his discretion by denying Medina-Campos a continuance, his due process violation fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (to prevail on a procedural due process challenge to deportation proceedings, alien must show error and substantial prejudice).

PETITION FOR REVIEW DENIED.

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.