Opinion
19-72380
08-12-2022
JULIO HERNANDEZ OLIVOS, AKA Julio Hernandez, Petitioner, v. MERRICK B. GARLAND, Attorney Gen-eral, Respondent.
NOT FOR PUBLICATION
Submitted August 10, 2022 Anchorage, Alaska
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
On Petition for Review of an Order of the Board of Immigration Appeals Agency No. A215-855-171
Before: S.R. THOMAS, McKEOWN, and CLIFTON, Circuit Judges.
MEMORANDUM
Julio Hernandez Olivos, a native of Mexico, seeks review of a decision of the Board of Immigration Appeals ("BIA") affirming the Immigration Judge's denial of a continuance and denying petitioner's motion to remand. We review both decisions for abuse of discretion. Orozco-Lopez v. Garland, 11 F.4th 764, 774 (9th Cir. 2021) (continuance); Taggar v. Holder, 736 F.3d 886, 889 (9th Cir. 2013) (remand).
The BIA did not abuse its discretion by affirming the IJ's denial of a continuance. Hernandez Olivos did not meet his burden of showing that his visa petition was prima facie approvable under the "bona fide marriage" exemption, 8 C.F.R. §§ 204.2(a)(1)(iii).
The BIA did not abuse its discretion by denying the motion to remand based on its determination that the new evidence would not constitute exceptional and extremely unusual hardship. See Aguilar-Osorio v. Garland, 991 F.3d 997, 999 (9th Cir. 2021) ("This court does not have jurisdiction to review the merits of the BIA's discretionary decision to deny cancellation of removal based on hardship.").
PETITION FOR REVIEW DENIED.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).