Mostafa Mohamed v. Eric Holder, Jr. , 439 F. App'x 577 ( 2011 )

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JUN 22 2011
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
MOSTAFA MAHMOUD MOHAMED, No. 10-70574
Petitioner, Agency No. A076-594-669
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.
Mostafa Mahmoud Mohamed, a native and citizen of Egypt, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s (“IJ”) removal order. 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. Reviewing for abuse of discretion, Cui v. Mukasey, 538 F.3d 1289, 1290
(9th Cir. 2008), we deny the petition for review.
The IJ did not abuse his discretion in denying a continuance on the ground
that Mohamed did not demonstrate good cause. See 8 C.F.R. § 1003.29 (an IJ may
grant a motion for continuance for good cause shown); see also Sandoval-Luna,
526 F.3d at 1247 (IJ did not abuse discretion in denying a continuance where alien
had no approved visa petition and no relief was immediately available).
The IJ also did not abuse his discretion by denying Mohamed’s application
for asylum, withholding of removal, and relief under the Convention Against
Torture because Mohamed did not establish good cause for failing to provide his
fingerprints as ordered, and the IJ warned him that failure to comply would result
in the denial of his applications. See 8 C.F.R. § 1208.10; cf. Cui, 538 F.3d at 1293-
96.
PETITION FOR REVIEW DENIED.
2 10-70574