CARLOS MORENO HERNANDEZ V. JEFFERSON SESSIONS, No. 15-71811 (9th Cir. 2017)
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FILED NOT FOR PUBLICATION DEC 20 2017 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK FOR THE NINTH CIRCUIT CARLOS ANTONIO MORENO HERNANDEZ, AKA Carlos Antonio Moreno, AKA Tony Moreno, AKA Carlo A. Moreno Hernandez, AKA Carlos Moreno Hernandez, No. U.S. COURT OF APPEALS 15-71811 Agency No. A036-277-695 MEMORANDUM* Petitioner, v. JEFFERSON B. SESSIONS III, Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted December 18, 2017** Before: WALLACE, SILVERMAN, and BYBEE, Circuit Judges. Carlos Antonio Moreno Hernandez, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals’ order dismissing his * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). appeal from an immigration judge’s (“IJ”) decision finding him inadmissible and denying his request for a continuance. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the agency’s denial of a motion to continue, Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1247 (9th Cir. 2008), and review de novo questions of law, Vinh Tan Nguyen v. Holder, 763 F.3d 1022, 1027 (9th Cir. 2014). We deny in part and grant in part the petition for review, and remand. The agency did not abuse its discretion in denying Moreno Hernandez’s motion for a continuance where he failed to show good cause. See 8 C.F.R § 1003.29 (IJ has authority to grant continuance upon showing of good cause); Salviejo-Fernandez v. Gonzales, 455 F. 3d 1063, 1067-68 (9th Cir. 2006) (conviction under California Health and Safety Code § 11366 is an aggravated felony); Sandoval-Luna, 526 F.3d at 1247 (no good cause for continuance where relief from removal was not available). The agency did not have the benefit of our decision in Ramirez-Contreras v. Sessions, 858 F.3d 1298 (9th Cir. 2017), holding that California Vehicle Code § 2800.2(a) is not a crime involving moral turpitude, when it determined that Moreno Hernandez’s conviction under § 2800.2(a) was categorically a crime involving moral turpitude. We therefore remand because Moreno Hernandez is not inadmissible under 8 U.S.C. § 1182(a)(2)(A)(i)(I). See Ramirez-Contreras, 853 F.3d at 1306 (holding § 2800.2 is indivisible). 2 15-71811 Each party shall bear its own costs for this petition for review. PETITION FOR REVIEW DENIED in part; GRANTED in part; REMANDED. 3 15-71811
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