FILED
NOT FOR PUBLICATION JAN 27 2016
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JOAQUIN SOTELO-ESPINOZA, No. 14-71229
Petitioner, Agency No. A092-729-546
v.
MEMORANDUM*
LORETTA E. LYNCH, Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted January 20, 2016**
Before: CANBY, TASHIMA, and NGUYEN, Circuit Judges.
Joaquin Sotelo-Espinoza, 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 determining that Sotelo-Espinoza had
abandoned his application for cancellation of removal for failure to comply with
*
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).
the fingerprinting deadline, and declining to grant a continuance to allow him to
submit his fingerprints. We have jurisdiction under 8 U.S.C. § 1252. We review
for abuse of discretion the denial of a motion for a continuance. See Cui v.
Mukasey, 538 F.3d 1289, 1290 (9th Cir. 2008). We deny the petition for review.
The agency did not abuse its discretion in declining to grant Sotelo-Espinoza
a further continuance to allow him to submit his fingerprints for biometric analysis,
where the IJ informed Sotelo-Espinoza orally of the deadline for being
fingerprinted and of the consequences of failure to meet the deadline, but Sotelo-
Espinoza failed to comply or present good cause for his failure to comply. See 8
C.F.R. § 1003.47(c) (“Failure to file necessary documentation and comply with the
requirements to provide biometrics . . . within the time allowed by the immigration
judge’s order, constitutes abandonment of the application and the immigration
judge may enter an appropriate order dismissing the application unless the
applicant demonstrates that such failure was the result of good cause.”); cf. Cui,
538 F.3d at 1293-95 (requiring a continuance where the alien had no notice of the
requirement).
In light of this disposition, we do not reach Sotelo-Espinoza’s remaining
contentions.
PETITION FOR REVIEW DENIED.
2 14-71229