Juan Hernandez-Canchola v. Eric Holder, Jr.

FILED
NOT FOR PUBLICATION AUG 01 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JUAN FRANCISCO HERNANDEZ- No. 12-72104
CANCHOLA, a.k.a. Juan Bermedo-Arias,
Agency No. A095-417-014
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 24, 2013 **
Before: ALARCÓN, CLIFTON, and CALLAHAN, Circuit Judges.
Juan Francisco Hernandez-Canchola, a native and citizen of Mexico,
petitions for review of the Board of Immigration Appeals’ order dismissing his
appeal from an immigration judge’s decision denying his request for a
continuance. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse 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).
discretion the denial of a continuance and review de novo due process claims.
Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008) (per curiam). We
deny the petition for review.
The agency did not abuse its discretion or violate due process in denying
Hernandez-Canchola’s request for a continuance because he did not demonstrate
good cause. See 8 C.F.R. § 1003.29; Ahmed v. Holder, 569 F.3d 1009, 1012 (9th
Cir. 2009) (factors considered in determining whether the denial of a continuance
constitutes an abuse of discretion include the nature of the evidence excluded as a
result of the denial); Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring
error and prejudice to prevail on a due process claim).
PETITION FOR REVIEW DENIED.
2 12-72104