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Francisco Calderon Quintanill v. Jefferson Sessions
695 F. App'x 296
| 9th Cir. | 2017
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*1 Before: SCHROEDER, TASHIMA, and M. SMITH, Circuit Judges.

Francisco Alexander Calderon Quintanilla, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s decision denying a continuance, *2 and denying his motion to remand. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a continuance. Sandoval-Luna v. Mukasey , 526 F.3d 1243, 1246 (9th Cir. 2008). We deny the petition for review.

The agency did not abuse its discretion in denying Calderon Quintanilla’s motion for a continuance where he failed to show eligibility for any relief, and it was undisputed that he was ineligible for status adjustment. See Id. at 1247 (no abuse of discretion where no relief was immediately available to the petitioner); 8 C.F.R § 1003.29 (IJ has authority to grant continuance upon showing of good cause).

Calderon Quintanilla failed to raise, and has therefore waived, any challenge to the BIA’s denial of his motion to remand. See Martinez-Serrano v. INS , 94 F.3d 1256, 1259 (9th Cir. 1996) (“an issue referred to in the appellant’s statement of the case but not discussed in the body of the opening brief is deemed waived.”).

PETITION FOR REVIEW DENIED.

2 15-71724

[*] 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).

Case Details

Case Name: Francisco Calderon Quintanill v. Jefferson Sessions
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Aug 15, 2017
Citation: 695 F. App'x 296
Docket Number: 15-71724
Court Abbreviation: 9th Cir.
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