Juan Francisco Hernandez- Canchola, a.k.a. Juan Bermedo-Arias v. ERIC H. HOLDER, Jr., Attorney General

This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JUAN FRANCISCO HERNANDEZ-
CANCHOLA, a.k.a. Juan Bermedo-Arias,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-72104
Agency No. A095-417-014
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 24, 2013**
Before: ALARCÓN, CLIFTON, and CALLAHAN, Circuit Judges.
Juan Francisco Hernandez-Canchola, a native and citizen of Mexico,
petitions for review of the Board of Immigration Appeals’ order dismissing his
appeal from an immigration judge’s decision denying his request for a
continuance. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of
FILED
AUG 01 2013
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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12-72104 2
discretion the denial of a continuance and review de novo due process claims.
Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008) (per curiam). We
deny the petition for review.
The agency did not abuse its discretion or violate due process in denying
Hernandez-Canchola’s request for a continuance because he did not demonstrate
good cause. See 8 C.F.R. § 1003.29; Ahmed v. Holder, 569 F.3d 1009, 1012 (9th
Cir. 2009) (factors considered in determining whether the denial of a continuance
constitutes an abuse of discretion include the nature of the evidence excluded as a
result of the denial); Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring
error and prejudice to prevail on a due process claim).
PETITION FOR REVIEW DENIED.

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