SILVA PEREZ v. BARR (2020)

MEMORANDUM **

Hector Enrique Silva-Perez, a native and citizen of Mexico, petitions for review of an immigration judge's (“IJ”) denial of his motion for a continuance and determination under 8 C.F.R. § 1208.31(a) that he did not have a reasonable fear of persecution or torture in Mexico, and is thus not entitled to relief from his reinstated removal order. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a continuance and review de novo claims of due process violations in immigration proceedings. Cruz Rendon v. Holder, 603 F.3d 1104, 1109 (9th Cir. 2010). We deny the petition for review.

In his opening brief, Silva-Perez does not challenge the IJ's negative reasonable fear determination. See Lopez-Vasquez v. Holder, 706 F.3d 1072, 1079-80 (9th Cir. 2013) (issues not specifically raised and argued in a party's opening brief are waived).

The IJ did not abuse her discretion in concluding that Silva-Perez failed to show good cause for a continuance. See 8 C.F.R. § 1003.29; Ahmed v. Holder, 569 F.3d 1009, 1012 (9th Cir. 2009) (factors considered include the nature of the evidence excluded).

Silva-Perez's due process claim fails because he has not established error or prejudice from the denial of the continuance. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (a petitioner must show error and prejudice to prevail on a due process claim).

PETITION FOR REVIEW DENIED.