NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS DEC 20 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
PEDRO SANTAMARIA-DELGADO, No. 16-72826
Petitioner, Agency No. A075-902-802
v.
MEMORANDUM*
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted December 18, 2017**
Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges.
Pedro Santamaria-Delgado, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s removal order denying his motion for a continuance. We have
jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the agency’s
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 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).
We deny the petition for review.
The agency did not abuse its discretion in denying for lack of good cause
Santamaria-Delgado’s motion for a continuance to collaterally attack his theft
conviction, where he had not begun to seek post-conviction relief on the date of his
final merits hearing, and where he was represented by an attorney of his choice.
See Garcia v. Lynch, 798 F.3d 876, 881 (9th Cir. 2015) (no abuse of discretion
where alien had been in proceedings for six months and had “ample time” to seek
post-conviction relief) (citation omitted)).
PETITION FOR REVIEW DENIED.
2 16-72826
Pedro Santamaria-Delgado v. Jefferson Sessions
Combined Opinion