COBOURNE v. BARR (2020)

MEMORANDUM ***

Ian Ricardo Cobourne, a native and citizen of Jamaica, petitions for review of the Board of Immigration Appeals's (“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 the denial of a continuance for abuse of discretion. Ahmed v. Holder, 569 F.3d 1009, 1012 (9th Cir. 2009). We deny the petition for review.¹

The agency did not err or abuse its discretion in concluding that Cobourne failed to show good cause for a continuance. See 8 C.F.R. § 1003.29 (“The Immigration Judge may grant a continuance for good cause shown.”); Ahmed, 569 F.3d at 1012 (listing factors to consider). Cobourne had fourteen months—from November 2, 2016 to January 4, 2018—to find counsel and prepare for his merits hearing. Cobourne had sufficient notice of the January 4, 2018 hearing and express warning that he would be required to proceed pro se should he fail to obtain counsel. Cobourne provides no explanation for why he waited over a year to hire a new attorney.

Consequently, Cobourne's due process claim also fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (a petitioner must show “error and substantial prejudice” to prevail on a due process claim).

PETITION FOR REVIEW DENIED.

FOOTNOTES

1.   Cobourne's motion for stay of removal (Doc. 9) is denied as moot.