Joseph Nicolas Salvador 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 finds this case suitable for decision without**
oral argument. See Fed. R. App. P. 34(a)(2).
KS/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOSEPH NICOLAS SALVADOR,
Petitioner,
v.
ERIC H. HOLDER Jr., Attorney General,
Respondent.
No. 06-74068
Agency No. A097-859-497
MEMORANDUM *
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted November 17, 2009**
Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges.
Joseph Nicolas Salvador, a native and citizen of the Philippines, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s (“IJ”) decision denying his motion to continue proceedings.
FILED
DEC 14 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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KS/Research 06-74068 2
We have jurisdiction pursuant to 8 U.S.C. § 1252. We review for abuse of
discretion the denial of a continuance and review de novo claims of due process
violations, 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 or violate due process by denying
Salvador’s motion for a continuance because the IJ previously granted two
continuances and Salvador’s eligibility for an S-visa remained speculative. See id.
at 1247 (no abuse of discretion or prejudice when an IJ denied a continuance after
proceedings were previously continued and where relief remained speculative); see
also Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (to prevail on a due process
challenge, an individual must show error and substantial prejudice).
PETITION FOR REVIEW DENIED.

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