Opinion
No. 18-70464
07-20-2020
RAUL ENRIQUE AMAYA-PINEDA, Petitioner, v. WILLIAM P. BARR, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A200-686-822 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: CANBY, FRIEDLAND, and R. NELSON, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Raul Enrique Amaya-Pineda, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' order dismissing his appeal from an immigration judge's ("IJ") decision denying his motion for a continuance and denying his application for asylum, withholding of removal, and relief under the Convention Against Torture ("CAT"). We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a continuance. Ahmed v. Holder, 569 F.3d 1009, 1012 (9th Cir. 2009). We grant the petition for review and remand.
The IJ abused his discretion by denying Amaya-Pineda's motion for a continuance without explaining the basis for this decision. See 8 C.F.R. § 1003.29 ("The Immigration Judge may grant a motion for continuance for good cause shown."); see also Ahmed, 569 F.3d at 1014 (finding that factors favored the grant of a continuance, and there was no indication that the IJ weighed the factors or gave any consideration to whether good cause existed). Thus, we grant the petition for review and remand to the agency for further proceedings consistent with this disposition. See INS v. Ventura, 537 U.S. 12, 16-18 (2002) (per curiam).
In light of this disposition, we do not reach the agency's denial of asylum, withholding of removal, and CAT relief.
The government must bear the costs for this petition for review.
PETITION FOR REVIEW GRANTED; REMANDED.