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Mendez v. Holder

United States Court of Appeals, Ninth Circuit
Jul 21, 2011
444 F. App'x 228 (9th Cir. 2011)

Opinion

No. 10-72123.

Submitted July 12, 2011.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

July 21, 2011.

On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A095-670-165.

Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.


MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Maria Valles De Mendez, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals' order dismissing her appeal from an immigration judge's ("IJ") decision denying her application for cancellation of removal. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to continue, Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008) (per curiam), and we deny in part and dismiss in part the petition for review.

The IJ did not abuse her discretion in denying a continuance on the ground that Valles De Mendez did not demonstrate good cause. See 8 C.F.R. § 1003.29 (an IJ may grant a motion for continuance for good cause shown).

To the extent it is raised, we lack jurisdiction to review Valles De Mendez's unexhausted ineffective assistance of counsel claim. See Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004)

PETITION FOR REVIEW DENIED in part; DISMISSED in part.


Summaries of

Mendez v. Holder

United States Court of Appeals, Ninth Circuit
Jul 21, 2011
444 F. App'x 228 (9th Cir. 2011)
Case details for

Mendez v. Holder

Case Details

Full title:MARIA VALLES DE MENDEZ, Petitioner, v. ERIC H. HOLDER, Jr., Attorney…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jul 21, 2011

Citations

444 F. App'x 228 (9th Cir. 2011)