730 Fed.Appx. 543 (9th Cir. 2018), 17-70797, Soto-Terrones v. Sessions

Docket Nº:17-70797
Citation:730 Fed.Appx. 543
Party Name:Oscar Eduardo SOTO-TERRONES, Petitioner, v. Jefferson B. SESSIONS III, Attorney General, Respondent.
Attorney:Murray David Hilts, Law Offices of Murray D. Hilts, San Diego, CA, for Petitioner Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, Edward C. Durant, Attorney, Juria L. Jones, Trial Attorney, DOJ— U.S. Department of Justice, Civil Division/Office ...
Judge Panel:Before: CANBY, W. FLETCHER, and CALLAHAN, Circuit Judges.
Case Date:July 13, 2018
Court:United States Courts of Appeals, Court of Appeals for the Ninth Circuit
 
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Page 543

730 Fed.Appx. 543 (9th Cir. 2018)

Oscar Eduardo SOTO-TERRONES, Petitioner,

v.

Jefferson B. SESSIONS III, Attorney General, Respondent.

No. 17-70797

United States Court of Appeals, Ninth Circuit

July 13, 2018

Submitted July 10, 2018 [*]

Editorial Note:

Governing the citation to unpublished opinions please refer to federal rules of appellate procedure rule 32.1. See also U.S.Ct. of App. 9th Cir. Rule 36-3.

Murray David Hilts, Law Offices of Murray D. Hilts, San Diego, CA, for Petitioner

Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, Edward C. Durant, Attorney, Juria L. Jones, Trial Attorney, DOJ— U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent

On Petition for Review of an Order of the Board of Immigration Appeals, Agency No. AXXX-XX6-421

Before: CANBY, W. FLETCHER, and CALLAHAN, Circuit Judges.

Page 544

MEMORANDUM[**]

Oscar Eduardo Soto-Terrones, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s ("IJ") decision denying his motion for a continuance. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a continuance.

Ahmed v. Holder, 569 F.3d 1009, 1012 (9th Cir. 2009). We deny the petition for review.

The agency did not abuse its discretion in denying Soto-Terrones’s request for an additional continuance for lack of good cause. See 8 C.F.R. § 1003.29; Ahmed, 569 F.3d at 1012 (factors considered in determining whether the denial of a continuance constitutes an abuse of discretion include the nature of the evidence excluded and the number of continuances previously...

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