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Edras Cruz-Montoya v. Jefferson Sessions
692 F. App'x 400
| 9th Cir. | 2017
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*1 Before: THOMAS, Chief Judge, and SILVERMAN and RAWLINSON, Circuit Judges.

Edras Naun Cruz-Montoya, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals’ (“BIA”) 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 *2 agency’s 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 Cruz-Montoya’s motion for a continuance for lack of good cause. See 8 C.F.R. §§ 1003.29, 1003.31(c); Ahmed , 569 F.3d at 1012 (factors considered in determining whether the denial of a continuance constitutes an abuse of discretion include the reasonableness of the immigrant’s conduct).

The record does not support Cruz-Montoya’s contention that the BIA ignored his arguments and failed to analyze relevant factors. See Najmabadi v. Holder , 597 F.3d 983, 990 (9th Cir. 2010) (the BIA must “merely . . . announce its decision in terms sufficient to enable a reviewing court to perceive that it has heard and thought and not merely reacted” (citation omitted)).

PETITION FOR REVIEW DENIED.

2 16-70396

[*] 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: Edras Cruz-Montoya v. Jefferson Sessions
Court Name: Court of Appeals for the Ninth Circuit
Date Published: Jun 2, 2017
Citation: 692 F. App'x 400
Docket Number: 16-70396
Court Abbreviation: 9th Cir.
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