Gonzalez-Reyes v. Holder , 368 F. App'x 747 ( 2010 )

FILED
NOT FOR PUBLICATION FEB 25 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ROSALINA GONZALEZ-REYES, No. 07-74750
Petitioner, Agency No. A079-812-126
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 16, 2010 **
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Rosalina Gonzalez-Reyes, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order dismissing her appeal from an
immigration judge’s (“IJ”) decision denying her motion for a continuance and
*
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).
NHY/Research
voluntary departure. We have jurisdiction under 8 U.S.C. § 1252. We review for
abuse of discretion the denial of a motion for a continuance, Baires v. INS, 856
F.2d 89, 91 (9th Cir. 1988), and de novo questions of law, Ram v. INS, 243 F.3d
510, 516 (9th Cir. 2001). We deny the petition for review.
The IJ did not abuse her discretion in denying Gonzalez-Reyes’ third motion
for a continuance where Petitioner failed to show eligibility for any relief. See 8
C.F.R. § 1003.29 (IJ has authority to grant a continuance upon a showing of good
cause); Baires, 856 F.2d at 92-93. It follows that Petitioner’s due process claim
fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and
prejudice for a petitioner to prevail on a due process claim).
Gonzalez-Reyes’ contention that the IJ erred by denying her post-conclusion
voluntary departure is unsupported by the record because she did not request such
relief.
PETITION FOR REVIEW DENIED.
NHY/Research 2 07-74750