NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT MAR 25 2011
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
HECTOR A. PADILLA, a.k.a. Alex No. 10-70294
Padilla,
Agency No. A092-143-130
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted March 8, 2011 **
Before: FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.
Hector A. Padilla, a native and citizen of Mexico, petitions for review of the
Board of Immigration Appeals’ order summarily affirming an immigration judge’s
(“IJ”) removal order. We have jurisdiction under 8 U.S.C. § 1252. We review for
abuse of discretion the denial of a motion for a continuance, and de novo claims of
*
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).
due process violations in immigration proceedings. Sandoval-Luna v. Mukasey,
526 F.3d 1243, 1245-46 (9th Cir. 2008). We deny the petition for review.
The IJ did not abuse his discretion or violate Padilla’s constitutional right to
due process by denying Padilla’s motion for a continuance. See id. at 1247;
Colmenar v. INS, 210 F.3d 967, 972 (9th Cir. 2000) (requiring error and prejudice
to establish a due process violation).
PETITION FOR REVIEW DENIED.
2 10-70294