FILED
NOT FOR PUBLICATION MAR 25 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
MARCO ISRAEL VILLAFRANCO, No. 09-71316
Petitioner, Agency No. A099-630-216
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.
Marco Israel Villafranco, a native and citizen of Mexico, petitions for review
of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an
immigration judge’s (“IJ”) decision denying his motion for a continuance. We
have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the
*
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).
denial of a motion to continue, and review de novo questions of law.
Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008) (per curiam). We
denied the petition for review.
The agency did not abuse its discretion or deny due process by denying
Villafranco’s request for a continuance because he did not demonstrate good cause
for one. See 8 C.F.R. § 1003.29 (an IJ may grant a motion for continuance for
good cause shown); see also Sandoval-Luna, 526 F.3d at 1247. The agency did
not err in concluding Villafranco failed to show eligibility for adjustment of status
under 8 U.S.C. § 1255(a) where he was never inspected and admitted or paroled
into the United States. See Ortega-Cervantes v. Gonzales, 501 F.3d 111, 114-19
(9th Cir. 2007).
PETITION FOR REVIEW DENIED.
2 09-71316