Edy Gonzalez-Soria v. Eric Holder, Jr. , 441 F. App'x 437 ( 2011 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JUN 29 2011
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
EDY GONZALEZ-SORIA, a.k.a. Edy No. 10-72002
Gonzalez Soria,
Agency No. A076-271-861
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 15, 2011 **
Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.
Edy Gonzalez-Soria, a native and citizen of Mexico, petitions pro se for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s (“IJ”) decision denying his application for cancellation of
removal and denying his motion to continue. We have jurisdiction under 8 U.S.C.
*
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).
§ 1252. We review for substantial evidence the agency’s continuous physical
presence finding, Landin-Zavala v. Gonzales, 488 F.3d 1150, 1151 (9th Cir. 2007),
for abuse of discretion the denial of a motion to continue, and de novo claims of
constitutional violations in immigration proceedings, Sandoval-Luna v. Mukasey,
526 F.3d 1243, 1246 (9th Cir. 2008) (per curiam). We deny the petition for
review.
Substantial evidence supports the agency’s determination that Gonzalez-
Soria did not meet the continuous physical presence requirement where the record
indicates that he was deported from the United States in 1997. See Landin-Zavala,
488 F.3d at 1153 (deportation or removal terminates the accrual of physical
presence).
The IJ did not abuse his discretion or violate due process in denying a
continuance because Gonzalez-Soria did not demonstrate good cause. See 8 C.F.R.
§ 1003.29 (an IJ may grant a motion for continuance for good cause shown); Lata
v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error for a petitioner to
prevail on a due process claim).
Gonzalez-Soria’s remaining contentions are unavailing.
PETITION FOR REVIEW DENIED.
2 10-72002