Narrative Opinion Summary
Nemecio Chairez, a Mexican citizen, petitions for review of the Board of Immigration Appeals’ decision that upheld an immigration judge's (IJ) denial of his application for cancellation of removal and his request for a continuance. The jurisdiction for this review is governed by 8 U.S.C. § 1252. The petition for review is denied. The IJ did not abuse her discretion in denying the request for a continuance, which was made on the day of the hearing but was based on events that transpired months earlier. Therefore, the IJ did not violate Chairez's due process rights, as established in relevant case law. Chairez's other arguments are found to lack merit. The disposition of the case is not suitable for publication and cannot be cited in other court proceedings, as per 9th Cir. R. 36-3.
Legal Issues Addressed
Denial of Continuancesubscribe to see similar legal issues
Application: The immigration judge's decision to deny a continuance was upheld, as it was requested on the day of the hearing but was based on events occurring months prior.
Reasoning: The IJ did not abuse her discretion in denying the request for a continuance, which was made on the day of the hearing but was based on events that transpired months earlier.
Due Process Rights in Immigration Proceedingssubscribe to see similar legal issues
Application: The denial of the continuance did not violate the petitioner's due process rights according to established case law.
Reasoning: Therefore, the IJ did not violate Chairez's due process rights, as established in relevant case law.
Jurisdiction under 8 U.S.C. § 1252subscribe to see similar legal issues
Application: The court reviews the decision made by the Board of Immigration Appeals under the jurisdiction granted by 8 U.S.C. § 1252.
Reasoning: The jurisdiction for this review is governed by 8 U.S.C. § 1252.
Non-Publication and Non-Citation of Dispositionssubscribe to see similar legal issues
Application: The case disposition is not suitable for publication and cannot be cited in other court proceedings according to court rules.
Reasoning: The disposition of the case is not suitable for publication and cannot be cited in other court proceedings, as per 9th Cir. R. 36-3.