Opinion
No. 11-72495
08-04-2015
FELICISIMA ALBIOLA ESPINOSA, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A088-224-046 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: CANBY, BEA, and MURGUIA, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Felicisima Albiola Espinosa, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals' order dismissing her appeal from an immigration judge's ("IJ") removal order. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to continue, and review de novo due process claims. 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 a continuance, where Albiola Espinosa had already been given three continuances and she did not show good cause for an additional continuance. See 8 C.F.R. § 1003.29 (an IJ may grant a motion for a continuance for good cause shown). Albiola Espinosa's contention that the IJ did not consider all the facts presented is belied by the record.
To the extent Albiola Espinosa is making a due process claim, it therefore fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (to prevail on a due process challenge, an alien must show error and prejudice).
PETITION FOR REVIEW DENIED.