NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 19 2021 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT LUIS LUNA-BERUMEN, No. 19-70919 Petitioner, Agency No. A201-290-126 v. MEMORANDUM* ROBERT M. WILKINSON, Acting Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted February 17, 2021** Before: FERNANDEZ, BYBEE, and BADE, Circuit Judges. Luis Luna-Berumen, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) decision granting his request for voluntary departure. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of * 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). discretion the denial of a continuance. Cruz Rendon v. Holder, 603 F.3d 1104, 1109 (9th Cir. 2010). We review de novo claims of due process violations in immigration proceedings. Jiang v. Holder, 754 F.3d 733, 738 (9th Cir. 2014). We deny the petition for review. The BIA did not abuse its discretion in concluding that Luna-Berumen failed to show good cause for a continuance. See 8 C.F.R. § 1003.29; Ahmed v. Holder, 569 F.3d 1009, 1012 (9th Cir. 2009) (setting out the factors to consider in good cause analysis, including the nature of the evidence excluded). Luna-Berumen’s contentions that the agency violated his right to due process fail. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error to prevail on a due process claim). We reject Luna-Berumen’s contention that he was improperly denied voluntary departure based on a lack of continuous physical presence, where the record shows the IJ granted Luna-Berumen voluntary departure. As stated in the court’s June 14, 2019 order, the temporary stay of removal remains in place until issuance of the mandate. PETITION FOR REVIEW DENIED. 2 19-70919 19-70919 Court of Appeals for the Ninth Circuit ca9 9th Cir. Luis Luna-Berumen v. Robert Wilkinson 19 February 2021 Agency Unpublished c3eadda55af13d806d7c8fa474b9d53c1a1b7397
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