United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT September 14, 2006
Charles R. Fulbruge III
Clerk
No. 05-60761
Summary Calendar
TAHIR NISAR SHAIKH
Petitioner
v.
ALBERTO R GONZALES, US ATTORNEY GENERAL
Respondent
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Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A79 011 592
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Before KING, HIGGINBOTHAM and GARZA, Circuit Judges.
PER CURIAM:*
Tahir Nisar Shaikh, a native and citizen of Pakistan,
petitions for review of an order from the Board of Immigration
Appeals (BIA) affirming the decision of the immigration judge
(IJ) denying his application for cancellation of removal and his
request for a continuance based on his pending application for
labor certification. Shaikh contends that the denial of the
continuance was inconsistent with 8 U.S.C. § 1255(i) and deprived
him of due process of law.
*
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this opinion should not be published and is not precedent except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. 05-60761
-2-
We assume without deciding that Shaikh had pending a timely
application for labor certification. Even a timely application
for labor certification did not constitute good cause for a
continuance because the grant of certification would have been
only the first step in a long, discretionary process. See Ahmed
v. Gonzales, 447 F.3d 433, 438-39 (5th Cir. 2006). Accordingly,
the denial of Shaikh’s motion for a continuance was not an abuse
of discretion.
Shaikh also argues that the denial of his motion for a
continuance violated his due process rights because he was
prevented from pursuing an adjustment of status under § 1255(i).
This contention fails because “discretionary relief from removal,
including an application for an adjustment of status, is not a
liberty or property right that requires due process protection.”
Ahmed, 447 F.3d at 440.
Shaikh’s petition for review is DENIED.