Amoles Raya v. Holder

FILED NOT FOR PUBLICATION JAN 21 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JOSE GUADALUPE AMOLES RAYA, No. 07-71281 Petitioner, Agency No. A096-056-684 v. MEMORANDUM * ERIC H. HOLDER Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 11, 2010 ** Before: BEEZER, TROTT, and BYBEE, Circuit Judges. Jose Guadalupe Amoles Raya, 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”) order denying his application for cancellation of * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). IH/Research removal. We have jurisdiction pursuant to 8 U.S.C. § 1252. We review de novo claims of due process violations in immigration proceedings, Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008) (per curiam), and we deny the petition for review. Amoles Raya’s contention that the IJ violated due process by refusing to continue the proceedings fails because Amoles Raya did not establish “good cause” for a continuance. See 8 C.F.R. § 1003.29; Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error for a due process violation). PETITION FOR REVIEW DENIED. IH/Research 2 07-71281