MIRANDA CASTRO v. BARR (2020)

MEMORANDUM **

Mario Miranda Castro, 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 request for a continuance. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to continue and review de novo claims of due process violations. Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008). We deny the petition for review.

The agency did not abuse its discretion by denying Miranda Castro's motion for a continuance to seek post-conviction relief for failure to show good cause, where post-conviction relief remained speculative at the time of his final hearing. See 8 C.F.R. § 1003.29; Singh v. Holder, 638 F.3d 1264, 1274 (9th Cir. 2011) (“[T]he IJ [is] not required to grant a continuance based on ․ speculations.”).

Miranda Castro's due process claim fails, where he has not established prejudice. See Gomez-Velazco v. Sessions, 879 F.3d 989, 993 (9th Cir. 2018).

The temporary stay of removal remains in place until issuance of the mandate. The motion for a stay of removal is otherwise denied.

PETITION FOR REVIEW DENIED.