Marissa Dayrit Pascua Sigua v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MARISSA DAYRIT PASCUA SIGUA,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 15-73200
Agency No. A096-610-191
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 16, 2018**
Before: REINHARDT, TROTT, and HURWITZ, Circuit Judges.
Marissa Dayrit Pascua Sigua, a native and citizen of the Philippines,
petitions for review of the Board of Immigration Appeals’ order dismissing her
appeal from an immigration judge’s (“IJ”) decision denying her request for a
continuance. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of
* This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
** The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
FILED
JAN 19 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

-- 1 of 2 --

2 15-73200
discretion the denial of a continuance and review de novo questions of law. Ahmed
v. Holder, 569 F.3d 1009, 1012 (9th Cir. 2009). We deny the petition for review.
The agency did not abuse its discretion in denying Pascua Sigua’s request
for a fifth continuance because she did not demonstrate good cause. See 8 C.F.R.
§ 1003.29; Ahmed, 569 F.3d at 1012 (factors considered in determining whether
the denial of a continuance constitutes an abuse of discretion include the nature of
the evidence excluded and the number of continuances previously granted).
Pascua Sigua has not shown that the IJ was biased, and her remaining due
process claims fail for lack of prejudice. See Lata v. INS, 204 F.3d 1241, 1246 (9th
Cir. 2000) (requiring error and substantial prejudice to prevail on a due process
claim).
PETITION FOR REVIEW DENIED.

-- 2 of 2 --