Sifuentes-Garcia v. Gonzales

* Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
July 27, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-60680
Summary Calendar
JUAN MARIO SIFUENTES-GARCIA,
Petitioner,
versus
ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL,
Respondent.
--------------------
Petition for Review of an Order of the
Board of Immigration Appeals
BIA No. A75-214-007
--------------------
Before DAVIS, BARKSDALE, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Juan Mario Sifuentes-Garcia (Sifuentes) appeals the
affirmance by the Board of Immigration Appeals (BIA) of the
Immigration Judge’s (IJ) denial of a motion for continuance of
the removal proceeding. Sifuentes contends that he should have
been granted the continuance so that he could challenge the 2003
alien-smuggling conviction that rendered him removable.
This court reviews the denial of a continuance for abuse of
discretion. Witter v. INS, 113 F.3d 549, 555-56 (5th Cir. 1997).
An IJ may grant a continuance upon a showing of good cause. Id.

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No. 05-60680
-2-
Sifuentes cites to two BIA decisions having nothing to do
with the granting of a continuance, and he makes no argument
directly relevant to the “good cause” that must be shown in order
to obtain a continuance.
Sifuentes fails to show that the denial of a continuance was
an abuse of discretion. His petition for review is DENIED.

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