Ana Nazari-Hernandez v. Jefferson Sessions

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 21 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT ANA GABRIELA NAZARI- No. 16-70389 HERNANDEZ, AKA Ana Gabriela Hernandez, Agency No. A205-321-070 Petitioner, MEMORANDUM* v. JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 13, 2018** Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges. Ana Gabriela Nazari-Hernandez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s (“IJ”) decision denying her request for a continuance. We * 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). have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the agency’s denial of a continuance, and review 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 abuse its discretion nor violate due process in denying Nazari-Hernandez’s request for a third continuance for lack of good cause, where she had been given time for preparation but, contrary to the IJ’s specific instructions, appeared at her final hearing without an asylum application. See 8 C.F.R. §§ 1003.29, 1003.31(c); Ahmed, 569 F.3d at 1012 (listing factors to consider); Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and prejudice to prevail on a due process challenge). PETITION FOR REVIEW DENIED. 2 16-70389 16-70389 Court of Appeals for the Ninth Circuit ca9 9th Cir. Ana Nazari-Hernandez v. Jefferson Sessions 21 February 2018 Agency Unpublished 2f6c03311c745c407fdd5cba8cffbdfb89d3af42

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