MARTHA MORALES-MALES V. ERIC HOLDER, JR., No. 13-70030 (9th Cir. 2013)
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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS DEC 20 2013 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT MARTHA CECILIA MORALESMALES, No. 13-70030 Agency No. A087-596-116 Petitioner, MEMORANDUM* v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 17, 2013** Before: GOODWIN, WALLACE, and GRABER, Circuit Judges. Martha Cecilia Morales-Males, a native and citizen of Ecuador, petitions for review of the Board of Immigration Appeals order dismissing her appeal from an immigration judge s decision denying her request for a continuance. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial 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). a continuance, and review de novo constitutional claims. Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008). We deny the petition for review. The agency did not abuse its discretion in denying Morales-Males motion for a continuance, where she failed to demonstrate good cause. See 8 C.F.R. § 1003.29; see also Sandoval-Luna, 526 F.3d at 1247 (denial of a motion to continue was not an abuse of discretion where relief was not immediately available to petitioner). It follows that Morales-Males due process claim fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error to prevail on a due process claim). PETITION FOR REVIEW DENIED. 2 13-70030
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