Oscar Soto-Terrones v. Jefferson Sessions, III

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS JUL 13 2018 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT OSCAR EDUARDO SOTO-TERRONES, No. 17-70797 Petitioner, Agency No. A205-526-421 v. MEMORANDUM* JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted July 10, 2018** Before: CANBY, W. FLETCHER, and CALLAHAN, Circuit Judges. Oscar Eduardo Soto-Terrones, 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. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial 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). a continuance. Ahmed v. Holder, 569 F.3d 1009, 1012 (9th Cir. 2009). We deny the petition for review. The agency did not abuse its discretion in denying Soto-Terrones’s request for an additional continuance for lack of good cause. See 8 C.F.R. § 1003.29; Ahmed, 569 F.3d at 1012 (factors considered in determining whether the denial of a continuance constitutes an abuse of discretion include the nature of the evidence excluded and the number of continuances previously granted); Singh v. Holder, 638 F.3d 1264, 1274 (9th Cir. 2011) (“[T]he IJ [is] not required to grant a continuance based on . . . speculations.”). PETITION FOR REVIEW DENIED. 2 17-70797 17-70797 Court of Appeals for the Ninth Circuit ca9 9th Cir. Oscar Soto-Terrones v. Jefferson Sessions, III 13 July 2018 Agency Unpublished 744eab01168bc4a3cd9af68bb86deae47d4e6cff

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