United States Ninth Circuit

Petition for review of removal proceedings is denied where: 1) contrary to the government's assertion, the circuit court has jurisdiction to review an IJ's discretionary decision to deny petitioner's motion for a continuance, even absent constitutional claims; 2) on the merits, there was no abuse of discretion in denying a continuance to allow for the release of regulations under the Child Status Protection Act (CSPA) and the adjudication of his father's labor certification application; and 3) due process and equal protection claims failed.

Appellate Information

• Decided 05/22/2008
• Published 05/22/2008

Judges

• PER CURIAM:, Before:  ALFRED T. GOODWIN, B. FLETCHER, and N. RANDY SMITH, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Alma Rose Nieto, Los Angeles, CA, for the petitioner.


• For Appellees:
  
• Joshua E. Braunstein, U.S. Department of Justice, Washington, D.C., for the respondent.