Opinion
No. 16-72722
05-21-2018
XUEJUN REN, Petitioner, v. JEFFERSON B. SESSIONS III, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A205-178-618 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: SILVERMAN, BEA, and WATFORD, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Xuejun Ren, a native and citizen of China, petitions pro se for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's ("IJ") decision pretermitting his applications for relief. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a continuance, and review de novo questions of law. Cui v. Mukasey, 538 F.3d 1289, 1290 (9th Cir. 2008). We deny the petition for review.
The agency did not abuse its discretion or violate due process in declining to grant Ren a further continuance to allow him to complete the biometrics requirement, where the IJ instructed him orally and in writing of the deadline for providing his biometrics and of the consequences of failure to meet the deadline, and he failed to present good cause for his failure to comply. See 8 C.F.R. § 1003.47(c) ("Failure to file necessary documentation and comply with the requirements to provide biometrics . . . within the time allowed by the immigration judge's order, constitutes abandonment of the application and the immigration judge may enter an appropriate order dismissing the application unless the applicant demonstrates that such failure was the result of good cause."); Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (an alien must show agency error to prevail on a due process claim); cf. Cui, 538 F.3d at 1293-95 (requiring a continuance where the alien did not receive adequate notice of the requirement to submit fingerprints).
PETITION FOR REVIEW DENIED.