NAZARI HERNANDEZ AKA v. SESSIONS III (2018)

MEMORANDUM **

Ana Gabriela Nazari-Hernandez, a native and citizen of Mexico, 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 discretion the agency’s 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 nor violate due process in denying Nazari-Hernandez’s request for a third continuance for lack of good cause, where she had been given time for preparation but, contrary to the IJ’s specific instructions, appeared at her final hearing without an asylum application. See 8 C.F.R. §§ 1003.29, 1003.31(c); Ahmed, 569 F.3d at 1012 (listing factors to consider); Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and prejudice to prevail on a due process challenge).

PETITION FOR REVIEW DENIED.