Julio Arispe-Ribera v. Eric Holder, Jr.

446 F. App'x 929

• Court: Court of Appeals for the Ninth Circuit
• Decided: August 15, 2011
• Docket: 10-73000
• Status: Unpublished

Opinion

MEMORANDUM **

Julio Cesar Arispe-Ribera, a native and citizen of Panama, petitions for review of the Board of Immigration Appeals’ (“BIA”) order denying his motion to remand and dismissing his appeal from an immigration judge’s (“IJ”) decision denying his request for a continuance. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a continuance and motions to remand. Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir.2008) (per curiam); Romero-Ruiz v. Mukasey, 538 F.3d 1057, 1062 (9th Cir.2008). We deny in part and dismiss in part the petition for review.

The BIA did not abuse its discretion by denying Arispe-Ribera’s motion to remand where the BIA considered the evidence he submitted and acted within its broad discretion in determining that the evidence was insufficient to warrant remanding. See Romero-Ruiz, 538 F.3d at 1062 (BIA abuses its discretion if its denial of a mo tion to remand is “arbitrary, irrational, or contrary to law”).

The IJ did not abuse her discretion by denying a continuance to allow Arispe-Ribera to seek post-conviction relief. See Sandoval-Luna, 526 F.3d at 1247 (an IJ may grant a continuance for good cause shown).

We lack jurisdiction to review Arispe-Ribera’s contentions regarding his allegedly defective criminal conviction, as we cannot collaterally reexamine his conviction. See Ortega de Robles v. INS, 58 F.3d 1355, 1358 (9th Cir.1995).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.

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