Armando Rivas-Puentes v. Eric Holder, Jr. , 519 F. App'x 465 ( 2013 )

FILED
NOT FOR PUBLICATION MAY 20 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ARMANDO RIVAS-PUENTES, No. 12-71977
Petitioner, Agency No. A200-153-867
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 14, 2013 **
Before: LEAVY, THOMAS, and MURGUIA, Circuit Judges.
Armando Rivas-Puentes, 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”) removal order. Our jurisdiction is governed by 8
U.S.C. § 1252. We review de novo questions of law, Khan v. Holder, 584 F.3d
*
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).
773, 776 (9th Cir. 2009), and review for abuse of discretion the denial of a request
for a continuance, Ahmed v. Holder, 569 F.3d 1009, 1012 (9th Cir. 2009). We
deny the petition for review.
Rivas-Puentes’ conviction for inflicting corporal injury on his spouse, in
violation of California Penal Code § 273.5(a), is a crime of domestic violence
under 8 U.S.C. § 1227(a)(2)(E)(i) that renders him statutorily ineligible for
cancellation of removal. See 8 U.S.C. § 1229b(b)(1)(C); Vasquez-Hernandez v.
Holder, 590 F.3d 1053, 1056-57 (9th Cir. 2010); Banuelos-Ayon v. Holder, 611
F.3d 1080, 1083-86 (9th Cir. 2010).
The IJ did not abuse his discretion in denying Rivas-Puentes’ request for a
continuance for failure to show good cause. See 8 C.F.R. § 1003.29; Sandoval-
Luna v. Mukasey, 526 F.3d 1243, 1247 (9th Cir. 2008) (per curiam) (no abuse of
discretion in denying continuance where relief was not immediately available).
PETITION FOR REVIEW DENIED.
2 12-71977