Pablo Felipe Moran Garcia v. ERIC H. HOLDER, Jr., Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
PABLO FELIPE MORAN GARCIA,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 12-73260
Agency No. A095-191-780
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 21, 2014**
Before: CANBY, SILVERMAN, and PAEZ, Circuit Judges.
Pablo Felipe Moran Garcia, a native and citizen of Mexico, petitions pro se
for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his
appeal from an immigration judge’s (“IJ”) decision denying his request for a
continuance. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of
FILED
JAN 27 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
* 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).

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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 in denying Moran Garcia’s request
for a continuance so that he could testify in his sons’ removal proceedings where
Moran Garcia did not show good cause for a continuance. See 8 C.F.R. § 1003.29
(an immigration judge may grant a motion to continue for good cause shown); see
also Sandoval-Luna, 526 F.3d at 1247. It follows that his due process challenge to
the agency’s denial also fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000)
(petitioner must show error and prejudice to prevail on a due process claim).
PETITION FOR REVIEW DENIED.
2

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