ROLANDO CHIQUETE-VERDUGO, AKA Rolando Verdugo, DBA Rolando Chiquete Verdugo v. LORETTA E. LYNCH, Attorney General

13-72136Court of Appeals for the Ninth Circuit15 dic 2015

Testo completo

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ROLANDO CHIQUETE-VERDUGO,
AKA Rolando Verdugo, DBA Rolando
Chiquete Verdugo,
Petitioner,
v.
LORETTA E. LYNCH, Attorney General,
Respondent.
No. 13-72136
Agency No. A205-316-189
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 9, 2015**
Before: WALLACE, RAWLINSON, and IKUTA, Circuit Judges.
Rolando Chiquete-Verdugo, 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
FILED
DEC 15 2015
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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jurisdiction under 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). We deny the petition for
review.
The agency did not abuse its discretion in denying Chiquete-Verdugo’s
request for a further continuance for failure to demonstrate good cause. See 8
C.F.R. § 1003.29; Ahmed v. Holder, 569 F.3d 1009, 1012-13 (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). Furthermore, the denial of Chiquete-Verdugo’s request for a continuance
did not violate his due process rights, where he has not provided sufficient
evidence of eligibility for relief that would demonstrate prejudice. See Lata v. INS,
204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and prejudice to prevail on a
due process claim).
Chiquete-Verdugo’s claim that he was denied a full and fair hearing also
fails. See id.
PETITION FOR REVIEW DENIED.
13-72136 2

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