ANA GABRIELA NAZARI- HERNANDEZ, AKA Ana Gabriela Hernandez v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
ANA GABRIELA NAZARI-
HERNANDEZ, AKA Ana Gabriela
Hernandez,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 16-70389
Agency No. A205-321-070
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted February 13, 2018**
Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges.
Ana Gabriela Nazari-Hernandez, a native and citizen of Mexico, petitions
for review of the Board of Immigration Appeals’ order dismissing her appeal from
an immigration judge’s (“IJ”) decision denying her request for a continuance. We
* 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).
FILED
FEB 21 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the
agency’s denial of a continuance, and review de novo questions of law. Ahmed v.
Holder, 569 F.3d 1009, 1012 (9th Cir. 2009). We deny the petition for review.
The agency did not abuse its discretion nor violate due process in denying
Nazari-Hernandez’s request for a third continuance for lack of good cause, where
she had been given time for preparation but, contrary to the IJ’s specific
instructions, appeared at her final hearing without an asylum application. See 8
C.F.R. §§ 1003.29, 1003.31(c); Ahmed, 569 F.3d at 1012 (listing factors to
consider); Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and
prejudice to prevail on a due process challenge).
PETITION FOR REVIEW DENIED.

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