Rigoberto Ramos-Alejo v. Loretta E. Lynch

FILED NOT FOR PUBLICATION APR 18 2016 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT RIGOBERTO RAMOS-ALEJO, No. 14-73028 Petitioner, Agency No. A096-356-416 v. MEMORANDUM* LORETTA E. LYNCH, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 13, 2016** Before: FARRIS, TALLMAN, and BYBEE, Circuit Judges. Rigoberto Ramos-Alejo, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order denying his request 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 continuance. Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008). We deny the petition for review. The agency did not abuse its discretion in denying Ramos-Alejo’s request for a further continuance for failure to demonstrate good cause, where Ramos- Alejo conceded removability, was ineligible for the relief sought, and did not sufficiently show how a continuance could have affected the outcome of his case. See 8 C.F.R. § 1003.29 (“The Immigration Judge may grant a motion for continuance for good cause shown.”); Sandoval-Luna, 526 F.3d at 1247 (the denial of a continuance was within the agency’s discretion where relief was not immediately available to petitioner). PETITION FOR REVIEW DENIED. 2 14-73028