Hilario Salgado-Rosas 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NOT FOR PUBLICATION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
HILARIO SALGADO-ROSAS,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 06-73563
Agency No. A074-427-940
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted May 25, 2010**
Before: CANBY, THOMAS, and W. FLETCHER, Circuit Judges.
Hilario Salgado-Rosas, 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 motion to continue and ordering him
FILED
JUN 07 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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06-73563 2
removed. We have jurisdiction under 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 the petition for review.
The agency did not abuse its discretion in denying Salgado-Rosas’ motion to
continue because a visa was not available to Salgado-Rosas and his eligibility for
relief was speculative. See id. at 1247 (denial of a motion to continue was not an
abuse of discretion where petitioner was not eligible for relief).
Salgado-Rosas’ period of voluntary departure will begin to run upon
issuance of this court’s mandate. See Elian v. Ashcroft, 370 F.3d 897 (9th Cir.
2004) (order).
PETITION FOR REVIEW DENIED.

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