Jaime Meza-Rivas v. Loretta Lynch

674 F. App'x 767

Opinion

MEMORANDUM **

Jaime Fabian Meza-Rivas, 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”) order denying a continuance and entering an order of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a continuance and review de novo due process claims. Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008). We deny the petition for review.

The agency did not abuse its discretion or violate due process by denying Meza-Rivas’ motion for a continuance for lack of good cause, where Meza-Rivas had the opportunity to research and incorporate recent developments regarding social group claims, and future changes in the law remained speculative. See 8 C.F.R. § 1003.29 (an IJ may grant a motion for a continuance for good cause); Ahmed v. Holder, 569 F.3d 1009, 1012 (9th Cir. 2009) (considering the nature of the evidence excluded and the reasonableness of petitioner’s conduct); Singh v. Holder, 638 F.3d 1264, 1274 (9th Cir. 2011) (“[T]he IJ [is] not required to grant a continuance based on ... speculations.”); Lata v. I.N.S., 204 F.3d 1241, 1246 (9th Cir. 2000).

Meza-Rivas’ motion for a stay of removal (Docket Entry No. 20) and supplemental motion for a stay of removal (Docket Entry No. 22) are denied as moot.

PETITION FOR REVIEW DENIED.

** This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.