Opinion
No. 18-72052
01-13-2020
JOSE ALBERTO VASQUEZ BARAJAS, AKA Jose Albert Vasquez, AKA Jose Alberto Vasquez, Petitioner, v. WILLIAM P. BARR, Attorney General, Respondent.
NOT FOR PUBLICATION
Agency No. A092-383-135 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: CALLAHAN, NGUYEN, and HURWITZ, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Jose Alberto Vasquez Barajas, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' ("BIA") 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 de novo questions of law, Mohammed v. Gonzales, 400 F.3d 785, 791-92 (9th Cir. 2005), and review for abuse of discretion the 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 err or abuse its discretion in concluding that Vasquez Barajas failed to show good cause for a continuance. See 8 C.F.R. § 1003.29; Ahmed, 569 F.3d at 1012 (listing factors to consider); Najmabadi v. Holder, 597 F.3d 983, 990-91 (9th Cir. 2010) (holding the BIA adequately considered evidence and sufficiently announced its decision).
Vasquez Barajas's due process claim fails because he has not established prejudice from the denial of the continuance. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (an alien must show error and prejudice to prevail on a due process claim).
PETITION FOR REVIEW DENIED.