SOTO TERRONES v. SESSIONS III (2018)

United States Court of Appeals, Ninth Circuit.

Oscar Eduardo SOTO-TERRONES, Petitioner, v. Jefferson B. SESSIONS III, Attorney General, Respondent.

No. 17-70797

Decided: July 13, 2018

Before: CANBY, W. FLETCHER, and CALLAHAN, Circuit Judges.

Murray David Hilts, Law Offices of Murray D. Hilts, San Diego, CA, for Petitioner Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, Edward C. Durant, Attorney, Juria L. Jones, Trial Attorney, DOJ—U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, for Respondent

MEMORANDUM **

Oscar Eduardo Soto-Terrones, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's (“IJ”) decision denying his motion for a continuance. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a continuance. 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 Soto-Terrones’s request for an additional continuance for lack of 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); Singh v. Holder, 638 F.3d 1264, 1274 (9th Cir. 2011) (“[T]he IJ [is] not required to grant a continuance based on ․ speculations.”).

PETITION FOR REVIEW DENIED.

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