Ernesto Salas-Andazola v. William Barr


NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 25 2019 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ERNESTO SALAS-ANDAZOLA, AKA No. 17-72688 Ernesto Salas, Agency No. A091-867-824 Petitioner, v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 17, 2019** Before: McKEOWN, BYBEE, and OWENS, Circuit Judges. Ernesto Salas-Andazola, 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 order of removal. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the agency’s denial of a continuance, and review * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). de novo questions of law. 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 denying for lack of good cause Salas-Andazola’s request for a continuance, where he had eleven months to prepare for his final hearing, and he failed to explain the relevance of the evidence he sought to obtain. See 8 C.F.R. § 1003.29; Ahmed, 569 F.3d at 1012 (listing factors to consider). We reject Salas-Andazola’s contention that the agency failed to consider relevant factors or insufficiently articulated its decision. See Mendez- Castro v. Mukasey, 552 F.3d 975, 980 (9th Cir. 2009) (concluding that the agency applies the correct legal standard where it expressly cites and applies relevant case law in rendering its decision); Najmabadi v. Holder, 597 F.3d 983, 990-91 (9th Cir. 2010) (holding the BIA adequately considered evidence and sufficiently announced its decision). PETITION FOR REVIEW DENIED. 2 17-72688 17-72688 Court of Appeals for the Ninth Circuit ca9 9th Cir. Ernesto Salas-Andazola v. William Barr 25 April 2019 Agency Unpublished 5f8c736051181038948036bcbe2677668f820af8

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