Sifuentes-Garcia v. Gonzales

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT July 27, 2006 Charles R. Fulbruge III Clerk No. 05-60680 Summary Calendar JUAN MARIO SIFUENTES-GARCIA, Petitioner, versus ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL, Respondent. -------------------- Petition for Review of an Order of the Board of Immigration Appeals BIA No. A75-214-007 -------------------- Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges. PER CURIAM:* Juan Mario Sifuentes-Garcia (Sifuentes) appeals the affirmance by the Board of Immigration Appeals (BIA) of the Immigration Judge’s (IJ) denial of a motion for continuance of the removal proceeding. Sifuentes contends that he should have been granted the continuance so that he could challenge the 2003 alien-smuggling conviction that rendered him removable. This court reviews the denial of a continuance for abuse of discretion. Witter v. INS, 113 F.3d 549, 555-56 (5th Cir. 1997). An IJ may grant a continuance upon a showing of good cause. Id. * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 05-60680 -2- Sifuentes cites to two BIA decisions having nothing to do with the granting of a continuance, and he makes no argument directly relevant to the “good cause” that must be shown in order to obtain a continuance. Sifuentes fails to show that the denial of a continuance was an abuse of discretion. His petition for review is DENIED.