FILED
NOT FOR PUBLICATION MAR 29 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ANNET HENGIO; KIRION HENGIO, No. 09-73709
Petitioners, Agency Nos. A099-634-497
A099-634-498
v.
ERIC H. HOLDER, Jr., Attorney General, MEMORANDUM *
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.
Annet Hengio and Kirion Hengio, natives and citizens of Micronesia,
petition for review of the Board of Immigration Appeals’ order dismissing their
appeal from an immigration judge’s decision denying their request for a
continuance. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for
*
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).
abuse of discretion the denial of a continuance, Sandoval-Luna v. Mukasey, 526
F.3d 1243, 1246 (9th Cir. 2008) (per curiam), and we review de novo due process
claims, id. We deny the petition for review.
The agency did not abuse its discretion or violate due process in denying the
Hengios’ request for a continuance because they did not demonstrate good cause.
See 8 C.F.R. § 1003.29; Ahmed v. Holder, 569 F.3d 1009, 1012 (9th Cir. 2009)
(factors considered in determining whether the denial of a continuance constitutes
an abuse of discretion include the nature of the evidence excluded as a result of the
denial and the number of continuances previously granted).
PETITION FOR REVIEW DENIED.
2 09-73709