Sanchez-Herrera v. Holder
Docket: No. 06-71900
Court: Court of Appeals for the Ninth Circuit; March 1, 2009; Federal Appellate Court
Christian Alexander Sanchez-Herrera, a Guatemalan citizen, petitions for review of a Board of Immigration Appeals (BIA) order that affirmed an immigration judge's (IJ) decision to deny his application for adjustment of status and to order his removal to Guatemala. The court has jurisdiction under 8 U.S.C. § 1252(a)(2)(D) and denies the petition for review. The court found that Sanchez-Herrera's prior conviction was final and thus could be considered by the IJ in determining his inadmissibility and eligibility for removal under 8 U.S.C. § 1182(a)(2)(A)(i)(II). The IJ’s decision not to continue proceedings to allow Sanchez-Herrera to challenge the conviction was deemed not an abuse of discretion, as affirmed by Grageda v. INS. Furthermore, the court ruled that the denial of the continuance did not violate Sanchez-Herrera’s due process rights, as outlined in Lata v. INS. For a successful due process challenge in deportation cases, a petitioner must demonstrate both error and substantial prejudice. Additionally, the motion by respondent Holder to expedite the decision was denied as moot. The court concludes that the petition for review is denied, and notes that this disposition is not suitable for publication and is not considered precedent, except as specified by 9th Cir. R. 36-3.