Nicolae ENACHE, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent, 386 F. App'x 737

MEMORANDUM Nicolae Enache, a native and citizen of Romania, petitions for review of the Board of Immigration Appeals’ (“BIA”) order dismissing his appeal from an immigration judge’s (“IJ”) deportation order. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a continuance, and de novo claims of due process violations in immigration proceedings. Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir.2008) (per cu-riam). We deny the petition for review. The IJ did not abuse his discretion in denying a continuance because Enache did not demonstrate good cause.

See 8 C.F.R. § 1003.29 (an IJ may grant a motion for continuance for good cause shown). It follows that Enache cannot establish the IJ violated his due process rights. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir.2000) (requiring error for a due process violation). The BIA correctly determined that Enache failed to demonstrate prejudice, so his claim of ineffective assistance of counsel fails. See Rojas-Garcia v. Ashcroft, 339 F.3d 814, 826 (9th Cir.2003) (to prevail on an ineffective assistance of counsel claim, a petitioner must demonstrate prejudice). PETITION FOR REVIEW DENIED.

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