Jose Martinez-Meza v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION MAR 02 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT JOSE ALONSO MARTINEZ-MEZA, No. 11-70536 Petitioner, Agency No. A088-751-155 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 21, 2012 ** Before: FERNANDEZ, McKEOWN, and BYBEE, Circuit Judges. Jose Alonso Martinez-Meza, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s decision denying his request for a continuance. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of * 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). a motion to continue, Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008) (per curiam), and we deny the petition for review. The agency did not abuse its discretion in denying Martinez-Meza’s request for a continuance where Martinez-Meza’s eligibility for relief was speculative. See id. at 1247 (no abuse of discretion in denying a motion to continue where relief was not immediately available). PETITION FOR REVIEW DENIED. 2 11-70536