Opinion
No. 05-76640.
The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).
Filed April 24, 2007.
Daphna Mendelson, Esq., Mendelson Associates, Daly City, CA, for Petitioner.
Ronald E. Lefevre, Chief Counsel, Office of the District Counsel Department of Homeland Security, San Francisco, CA, Terri J. Scadron, Esq., Hillel Smith, Virginia Lum, U.S. Department of Justice Civil Div./Office of Immigration Lit., Washington, DC, for Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals. Agency No. A95-570-971.
Before: O'SCANNLAIN, GRABER, and BEA, Circuit Judges.
MEMORANDUM
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Juan Carlos Becerra seeks review of an order of the Board of Immigration Appeals upholding an immigration judge's ("IJ") order denying his application for cancellation of removal. We review for abuse of discretion the denial of a continuance. See Nakamoto v. Ashcroft, 363 F.3d 874, 883 n. 6 (9th Cir. 2004). We deny the petition for review.
The agency did not abuse its discretion in denying Becerra's motion to continue. See Gonzalez v. INS, 82 F.3d 903, 908 (9th Cir. 1996) (stating that a decision whether to grant a continuance will be overturned only upon a showing of clear abuse of discretion). It follows that the agency did not violate Becerra's due process rights in denying a continuance. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error for a due process violation).