Jesus Hernandez-Andrade v. Eric Holder, Jr.

420 F. App'x 721

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 10, 2011
• Docket: 09-70452
• Status: Unpublished

Opinion

MEMORANDUM **

Jesus Hernandez-Andrade, 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”) removal order. We have jurisdiction under 8 U.S.C. § 1252. We review de novo questions of law, Cazarez-Gutierrez v. Ashcroft, 382 F.3d 905, 909 (9th Cir.2004), and review for abuse of discretion the denial of a continuance, Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir.2008) (per curiam). We deny the petition for review.

Contrary to Hernandez-Andrade’s contention, his conviction under California Penal Code § 273.5(a) is categorically a crime of domestic violence under 8 U.S.C. § 1227(a)(2)(E)(i). See Banuelos-Ayon v. Holder, 611 F.3d 1080, 1083-1086 (9th Cir.2010).

The agency did not abuse its discretion in denying a continuance where Hernandez-Andrade did not demonstrate good cause. See 8 C.F.R. § 1003.29 (IJ may grant motion for a continuance for good cause shown); Baires v. INS, 856 F.2d 89, 92-93 (9th Cir.1988). It follows that Hernandez-Andrade’s due process challenge fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error to prevail on a due process claim).

PETITION FOR REVIEW DENIED.

** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.