Krystle Agustin v. Eric Holder, Jr.

FILED NOT FOR PUBLICATION NOV 16 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT KRYSTLE MACAPAGAL AGUSTIN, No. 11-71342 Petitioner, Agency No. A094-880-382 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted November 13, 2012 ** Before: CANBY, TROTT, and W. FLETCHER, Circuit Judges. Krystle Macapagal Agustin, a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her 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, Ahmed v. Holder, 569 F.3d 1009, 1012 (9th Cir. 2009), and we deny the petition for review. The agency did not abuse its discretion in denying Agustin’s request for a continuance where she failed to show good cause. See 8 C.F.R. § 1003.29; cf. Ahmed, 569 F.3d at 1012-15 (good cause shown for continuance to await adjudication of I-140 appeal). Agustin’s request regarding prosecutorial discretion is denied. PETITION FOR REVIEW DENIED. 2 11-71342