Opinion
No. 13-72136
12-15-2015
ROLANDO CHIQUETE-VERDUGO, AKA Rolando Verdugo, DBA Rolando Chiquete Verdugo, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A205-316-189 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Rolando Chiquete-Verdugo, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's decision denying his request for a continuance. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a continuance, and review de novo claims of due process violations. Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008). We deny the petition for review.
The agency did not abuse its discretion in denying Chiquete-Verdugo's request for a further continuance for failure to demonstrate good cause. See 8 C.F.R. § 1003.29; Ahmed v. Holder, 569 F.3d 1009, 1012-13 (9th Cir. 2009) (factors considered in determining whether the denial of a continuance constitutes an abuse of discretion include the nature of the evidence excluded as a result of the denial). Furthermore, the denial of Chiquete-Verdugo's request for a continuance did not violate his due process rights, where he has not provided sufficient evidence of eligibility for relief that would demonstrate prejudice. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and prejudice to prevail on a due process claim).
Chiquete-Verdugo's claim that he was denied a full and fair hearing also fails. See id.
PETITION FOR REVIEW DENIED.