Wissam Ali Atwi 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NOT FOR PUBLICATION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
WISSAM ALI ATWI,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 08-73973
Agency No. A077-323-802
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted April 17, 2012**
Before: LEAVY, PAEZ, and BEA, Circuit Judges.
Wissam Ali Atwi, a native and citizen of Lebanon, petitions for review of
the Board of Immigration Appeals’ order affirming an immigration judge’s (“IJ”)
decision denying his motion to continue. We have jurisdiction under 8 U.S.C.
§ 1252. We review for abuse of discretion the denial of a motion to continue and
FILED
APR 23 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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08-73973 2
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
Atwi’s request for a continuance where Atwi’s eligibility for relief was speculative.
See id. at 1247 (no abuse of discretion in denying a motion to continue where relief
was not immediately available); Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000)
(“To prevail on a due process challenge to deportation proceedings, [a petitioner]
must show error and substantial prejudice.”).
PETITION FOR REVIEW DENIED.

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