FILED
NOT FOR PUBLICATION AUG 15 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
REY EMIDIO MALDONADO- No. 06-70690
HERNANDEZ,
Agency No. A091-657-223
Petitioner,
v. MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted August 11, 2011 **
Before: THOMAS, SILVERMAN, and CLIFTON, Circuit Judges.
Rey Emidio Maldonado-Hernandez, a native and citizen of Mexico, petitions
for review of the Board of Immigration Appeals’ order dismissing his appeal from
an immigration judge’s (“IJ”) decision denying his 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 continuance, Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir.
2008) (per curiam), and we deny in part and dismiss in part the petition for review.
The IJ did not abuse her discretion by denying a second continuance to allow
Maldonado-Hernandez to seek post-conviction relief. See id. at 1247.
We lack jurisdiction to review Maldonado-Hernandez’s contentions
regarding his allegedly defective criminal conviction, as we cannot collaterally
reexamine his conviction. See Ortega de Robles v. INS, 58 F.3d 1355, 1358 (9th
Cir. 1995).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
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