Maria Valverde-Escalante v. Eric Holder, Jr., No. 09-71182 (9th Cir. 2011)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS APR 14 2011 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MARIA LUISA VALVERDEESCALANTE, No. 09-71182 Agency No. A097-428-426 Petitioner, MEMORANDUM * v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted April 5, 2011 ** Before: B. FLETCHER, CLIFTON, and BEA, Circuit Judges. Maria Luisa Valverde-Escalante, a native and citizen of Mexico, petitions pro se for review of the Board of Immigration Appeals ( BIA ) order dismissing her appeal from an immigration judge s ( IJ ) removal order. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). for a continuance, Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008), and we deny the petition for review. The agency did not abuse its discretion by denying Valverde-Escalante s motion for a continuance. See id. at 1247. To the extent that the IJ erred by not articulating his reasons for denying the motion, this error was rendered harmless by the BIA s subsequent consideration of the issue in conducting its de novo review. See Ghaly v. INS, 58 F.3d 1425, 1430 (9th Cir. 1995). PETITION FOR REVIEW DENIED. 2 09-71182

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