Hector Padilla v. Eric Holder, Jr., No. 10-70294 (9th Cir. 2011)

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NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS FILED FOR THE NINTH CIRCUIT MAR 25 2011 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS HECTOR A. PADILLA, a.k.a. Alex Padilla, No. 10-70294 Agency No. A092-143-130 Petitioner, MEMORANDUM * v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted March 8, 2011 ** Before: FARRIS, O SCANNLAIN, and BYBEE, Circuit Judges. Hector A. Padilla, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals order summarily affirming 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 for a continuance, and de novo claims of * 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). due process violations in immigration proceedings. Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1245-46 (9th Cir. 2008). We deny the petition for review. The IJ did not abuse his discretion or violate Padilla s constitutional right to due process by denying Padilla s motion for a continuance. See id. at 1247; Colmenar v. INS, 210 F.3d 967, 972 (9th Cir. 2000) (requiring error and prejudice to establish a due process violation). PETITION FOR REVIEW DENIED. 2 10-70294

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