Raul Saucedo Ornelas 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NOT FOR PUBLICATION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
RAUL SAUCEDO ORNELAS,
Petitioner,
v.
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
No. 10-73131
Agency No. A077-132-442
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 6, 2012**
Before: B. FLETCHER, REINHARDT, and TASHIMA, Circuit Judges.
Raul Saucedo Ornelas, 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 a continuance. We have jurisdiction under 8
U.S.C. § 1252. We review for abuse of discretion the denial of a continuance, and
FILED
MAR 14 2012
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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10-73131 2
review de novo due process claims. 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 declining to continue Ornelas’
proceedings on the ground that Ornelas failed to show good cause. See 8 C.F.R. §
1003.29 (IJ has authority to grant a continuance upon a showing of good cause);
Sandoval-Luna, 526 F.3d at 1247 (no abuse of discretion in denial of continuance
where relief was not immediately available to petitioner). It follows that Ornelas’
due process claim fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000)
(requiring error and prejudice for a petitioner to prevail on a due process claim).
PETITION FOR REVIEW DENIED.

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