Walter Alonzo-Ramirez v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION MAR 28 2011 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT WALTER E. ALONZO-RAMIREZ, No. 10-70298 Petitioner, Agency No. A070-106-528 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. Walter E. Alonzo-Ramirez, a native and citizen of Guatemala, petitions pro se for review of the Board of Immigration Appeal’s (“BIA”) order dismissing his appeal from an immigration judge’s denial of a request for a continuance. Our jurisdiction is governed by 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 request for a continuance, Ahmed v. Holder, 569 F.3d 1009, 1012 (9th Cir. 2009), and we deny in part, and dismiss in part, the petition for review. The agency did not abuse its discretion in denying Alonzo-Ramirez’s request for a continuance for additional time to prepare an application for relief, where he had already received multiple continuances for that purpose, been specifically instructed to file his application, and the delay caused inconvenience to the agency and the government. See id. at 1013-14; cf. Cui v. Mukasey, 538 F.3d 1289, 1293 (9th Cir. 2008). We lack jurisdiction to consider Alonzo-Ramirez’s remaining contentions because he failed to exhaust them before the BIA. See Barron v. Ashcroft, 358 F.3d 674, 677-78 (9th Cir. 2004). PETITION FOR REVIEW DENIED in part; DISMISSED in part.