NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 20 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
LUIS ANTONIO ALVARENGA, No. 16-70852
Petitioner, Agency No. A075-603-719
v.
MEMORANDUM*
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 18, 2017**
Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges.
Luis Antonio Alvarenga, a native and citizen of El Salvador, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s (“IJ”) removal order. We have jurisdiction under 8 U.S.C.
§ 1252. We review for abuse of discretion the denial of a continuance and review
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
de novo questions of law. Ahmed v. Holder, 569 F.3d 1009, 1012 (9th Cir. 2009).
We deny the petition for review.
The agency did not abuse its discretion or violate Alvarenga’s right to
counsel in denying his request for a further continuance, where the IJ granted him
nine months to seek counsel once he was released from detention, and the IJ
warned him that no further time would be granted to prepare his applications for
relief, with or without counsel. See id. at 1012 (listing factors to consider in
reviewing the agency’s denial of a continuance); Garcia v. Lynch, 798 F.3d 876,
881 (9th Cir. 2015) (finding it was not unreasonable to deny a continuance where
petitioner had six months to pursue post-conviction relief).
Alvarenga’s contention that he did not explicitly waive his right to counsel
at his final hearing is unavailing, where he was represented by counsel at that
hearing.
PETITION FOR REVIEW DENIED.
2 16-70852