LUNA BERUMEN v. WILKINSON (2021)

MEMORANDUM **

Luis Luna-Berumen, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge's (“IJ”) decision granting his request for voluntary departure. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a continuance. Cruz Rendon v. Holder, 603 F.3d 1104, 1109 (9th Cir. 2010). We review de novo claims of due process violations in immigration proceedings. Jiang v. Holder, 754 F.3d 733, 738 (9th Cir. 2014). We deny the petition for review.

The BIA did not abuse its discretion in concluding that Luna-Berumen 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) (setting out the factors to consider in good cause analysis, including the nature of the evidence excluded).

Luna-Berumen's contentions that the agency violated his right to due process fail. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error to prevail on a due process claim).

We reject Luna-Berumen's contention that he was improperly denied voluntary departure based on a lack of continuous physical presence, where the record shows the IJ granted Luna-Berumen voluntary departure.

As stated in the court's June 14, 2019 order, the temporary stay of removal remains in place until issuance of the mandate.

PETITION FOR REVIEW DENIED.