Faustino Isalas ESTRADA, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent, 361 F. App'x 713

MEMORANDUM Faustino Isalas Estrada, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing his appeal from an immigration judge’s (“IJ”) decision denying his motion to continue proceedings. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to continue and review de novo claims of due process violations. Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir.2008) (per curiam). We deny the petition for review.

The agency did not abuse its discretion in denying Isaías Estrada’s motion to continue because Isaías Estrada did not establish good cause and because the IJ granted Isaías Estrada the only relief for which he was eligible. See 8 C.F.R. § 1003.29 (an IJ “may grant a motion for continuance for good cause shown”); Baires v. INS, 856 F.2d 89, 92-93 (9th Cir.1988). It follows that Isaías Estrada’s due process claim fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error and prejudice for a due process violation). PETITION FOR REVIEW DENIED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.