FILED
NOT FOR PUBLICATION JUL 22 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
EDUARDO GUERRERO-OCHOA, No. 10-71570
Petitioner, Agency No. A078-536-191
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted July 12, 2011 **
Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.
Eduardo Guerrero-Ochoa, a native and citizen of Mexico, petitions pro se for
review of the Board of Immigration Appeals’ 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 for a continuance, Cui v. Mukasey, 538 F.3d 1289, 1290 (9th
Cir. 2008), and de novo questions of law, Ram v. INS, 243 F.3d 510, 516 (9th Cir.
2001). We deny the petition for review.
The IJ did not abuse his discretion in denying Guerrero-Ochoa’s motion for
a continuance because he failed to show good cause. See 8 C.F.R. § 1003.29; Cui,
538 F.3d at 1292. It follows that Guerrero-Ochoa’s due process claim fails. See
Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and prejudice for
a petitioner to prevail on a due process claim).
Guerrero-Ochoa’s remaining contention is unpersuasive.
PETITION FOR REVIEW DENIED.
2 10-71570