Omar Rodriguez-Bahena v. JEFFERSON B. SESSIONS III, Attorney General

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
OMAR RODRIGUEZ-BAHENA,
Petitioner,
v.
JEFFERSON B. SESSIONS III, Attorney
General,
Respondent.
No. 17-70327
Agency No. A087-594-893
MEMORANDUM*
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted September 12, 2018**
Before: LEAVY, HAWKINS, and TALLMAN, Circuit Judges.
Omar Rodriguez-Bahena, a native and citizen of Mexico, petitions for
review of the Board of Immigration Appeals’ decision dismissing his appeal from
an immigration judge’s removal order denying a motion to continue proceedings.
We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the
* 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
SEP 19 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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2 17-70327
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 or violate due process in denying a
continuance for failure to show good cause, where Rodriguez-Bahena had not
shown he had yet filed a motion in state court to vacate his convictions and where
he could still seek deferred action from the Department of Homeland Security with
removal proceedings pending or with a final removal order. See 8 C.F.R.
§ 1003.29; Ahmed, 569 F.3d at 1012 (factors to consider when reviewing the denial
of a continuance include the nature of the evidence excluded and reasonableness of
the immigrant’s conduct); Colmenar v. INS, 210 F.3d 967, 971 (9th Cir. 2000) (due
process claims require showing that proceedings were “so fundamentally unfair
that the alien was prevented from reasonably presenting his case” (internal citation
omitted)).
PETITION FOR REVIEW DENIED.

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