Opinion
No. 15-71081
10-04-2016
ISMAEL JIMENEZ-MUNIZ, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A200-827-328 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: TASHIMA, SILVERMAN, and M. SMITH, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Ismael Jimenez-Muniz, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' ("BIA") order dismissing his appeal from an immigration judge's removal order denying his request for a continuance. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a continuance and review de novo questions of law. Ahmed v. Holder, 569 F.3d 1009, 1012 (9th Cir. 2009). We deny in part and dismiss in part the petition for review.
The agency did not abuse its discretion or violate due process in denying Jimenez-Muniz's request for a continuance to await the outcome of the appeal of his conviction, where success on the appeal was speculative and Jimenez-Muniz conceded to the BIA his appeal had been denied. See 8 C.F.R. § 1003.29; Ahmed, 569 F.3d at 1012 (outlining factors to consider when reviewing the agency's denial of a continuance); Padilla-Martinez v. Holder, 770 F.3d 825, 830 (9th Cir. 2014) ("To prevail on a due-process claim, a petitioner must demonstrate both a violation of rights and prejudice.").
We lack jurisdiction to consider Jimenez-Muniz's contention that the agency erred in declining to administratively close his proceedings. Diaz-Covarrubias v. Mukasey, 551 F.3d 1114, 1120 (9th Cir. 2009).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.