Kaur v. Holder

FILED JUL 16 2010 NOT FOR PUBLICATION MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT KULJIT KAUR; JASMINE KAUR; No. 07-70734 JASKARAN SINGH, Agency Nos. A055-719-419 Petitioners, A055-719-420 A055-719-421 v. ERIC H. HOLDER, Jr., Attorney General, MEMORANDUM * Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted June 29, 2010 ** Before: ALARCÓN, LEAVY, and GRABER, Circuit Judges. Kuljit Kaur and her children, natives and citizens of India, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). appeal from an immigration judge’s (“IJ”) decision denying their motion for a continuance of removal proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion for a continuance, Ahmed v. Holder, 569 F.3d 1009, 1012 (9th Cir. 2009), and we deny the petition for review. The agency did not abuse its discretion in denying petitioners’ August 10, 2005, request for a further continuance because both the BIA and the IJ offered reasoned bases for the denial, and petitioners did not establish that a further continuance would benefit their pursuit of relief from removal. See Singh v. INS, 213 F.3d 1050, 1052 (9th Cir. 2000) (agency abuses discretion when it acts “arbitrarily, irrationally, or contrary to law”) (internal quotation marks and citations omitted); see also Ahmed, 569 F.3d at 1012 (evaluating, among other factors, the nature of evidence excluded as a result of the denial of the continuance, the reasonableness of the immigrant’s conduct, and the reasoned bases of the agency’s denial). PETITION FOR REVIEW DENIED. 2 07-70734 3 07-70734