FILED
NOT FOR PUBLICATION FEB 24 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JUAN MANUEL REYES-SOLORIO, No. 07-73632
Petitioner, Agency No. A077-152-398
v.
MEMORANDUM *
ERIC H. HOLDER Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 16, 2010 **
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
Juan Manuel Reyes-Solorio, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
Immigration Judge’s decision denying his request for a continuance. Our
*
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).
SS/Research
jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the
denial of a motion for continuance. Sandoval-Luna v. Mukasey, 526 F.3d 1243,
1246 (9th Cir. 2008) (per curiam). We deny in part and dismiss in part the petition
for review.
The agency did not abuse its discretion in denying Reyes-Solorio’s motion
to continue because Reyes-Solorio’s eligibility for adjustment of status was
speculative. See id. at 1247 (denial of a motion to continue was not an abuse of
discretion where relief was not immediately available to petitioner).
We lack jurisdiction to review Reyes-Solorio’s unexhausted due process
claim regarding the denial of a continuance. See Serrano v. Gonzales, 469 F.3d
1317, 1319 (9th Cir. 2006).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
SS/Research 2 07-73632