NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 20 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT RAUL ENRIQUE AMAYA-PINEDA, No. 18-70464 Petitioner, Agency No. A200-686-822 v. MEMORANDUM* WILLIAM P. BARR, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted July 14, 2020** Before: CANBY, FRIEDLAND, and R. NELSON, Circuit Judges. Raul Enrique Amaya-Pineda, 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”) decision denying his motion for a continuance and denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (“CAT”). We have jurisdiction under 8 U.S.C. * 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). § 1252. We review for abuse of discretion the denial of a continuance. Ahmed v. Holder, 569 F.3d 1009, 1012 (9th Cir. 2009). We grant the petition for review and remand. The IJ abused his discretion by denying Amaya-Pineda’s motion for a continuance without explaining the basis for this decision. See 8 C.F.R. § 1003.29 (“The Immigration Judge may grant a motion for continuance for good cause shown.”); see also Ahmed, 569 F.3d at 1014 (finding that factors favored the grant of a continuance, and there was no indication that the IJ weighed the factors or gave any consideration to whether good cause existed). Thus, we grant the petition for review and remand to the agency for further proceedings consistent with this disposition. See INS v. Ventura, 537 U.S. 12, 16-18 (2002) (per curiam). In light of this disposition, we do not reach the agency’s denial of asylum, withholding of removal, and CAT relief. The government must bear the costs for this petition for review. PETITION FOR REVIEW GRANTED; REMANDED. 2 18-70464 18-70464 Court of Appeals for the Ninth Circuit ca9 9th Cir. Raul Amaya-Pineda v. William Barr 20 July 2020 Agency Unpublished 763e2802211ffa00d25ca877b62014458cd14771
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