VASQUEZ BARAJAS v. BARR (2020)

MEMORANDUM **

Jose Alberto Vasquez Barajas, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying his request for a continuance. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law, Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005), and 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 err or abuse its discretion in concluding that Vasquez Barajas failed to show good cause for a continuance. See 8 C.F.R. § 1003.29; Ahmed, 569 F.3d at 1012 (listing factors to consider); Najmabadi v. Holder, 597 F.3d 983, 990-91 (9th Cir. 2010) (holding the BIA adequately considered evidence and sufficiently announced its decision).

Vasquez Barajas’s due process claim fails because he has not established prejudice from the denial of the continuance. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (an alien must show error and prejudice to prevail on a due process claim).

PETITION FOR REVIEW DENIED.