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Pedro Santamaria-Delgado v. Jefferson Sessions
16-72826
| 9th Cir. | Dec 20, 2017
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*1 Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges.

Pedro Santamaria-Delgado, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s removal order denying his motion for a continuance. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the agency’s *2 denial of 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 for lack of good cause Santamaria-Delgado’s motion for a continuance to collaterally attack his theft conviction, where he had not begun to seek post-conviction relief on the date of his final merits hearing, and where he was represented by an attorney of his choice. See Garcia v. Lynch , 798 F.3d 876, 881 (9th Cir. 2015) (no abuse of discretion where alien had been in proceedings for six months and had “ample time” to seek post-conviction relief) (citation omitted)).

PETITION FOR REVIEW DENIED.

2 16-72826

[*] 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: Pedro Santamaria-Delgado v. Jefferson Sessions
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Dec 20, 2017
Docket Number: 16-72826
Court Abbreviation: 9th Cir.
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