FILED
NOT FOR PUBLICATION JUN 13 2013
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JANE VALLE AGANA, No. 11-73089
Petitioner, Agency No. A099-820-655
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 10, 2013 **
Before: HAWKINS, McKEOWN, and BERZON, Circuit Judges.
Jane Valle Agana, 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 decision denying her request for a continuance.
*
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).
We grant respondent’s unopposed August 7, 2012, motion to take judicial
notice of the U.S. Citizenship and Immigration Services’ July 24, 2012, denial of
the Form I-130, Petition for Alien Relative filed on Agana’s behalf. See Ibrahim v.
Dep’t of Homeland Security, 669 F.3d 983, 988 (9th Cir. 2012) (taking judicial
notice of the denial of petitioner’s student visa application).
Agana contends that the agency abused its discretion by denying her request
for a continuance pending the adjudication of the Petition for Alien Relative filed
on her behalf. Because the visa petition has been denied, we dismiss this petition
for review as moot. See Pedroza-Padilla v. Gonzales, 486 F.3d 1362, 1364 n.2
(9th Cir. 2007).
PETITION FOR REVIEW DISMISSED.
2 11-73089