ALEJO V. HOLDER, No. 06-73319 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAY 25 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT VICTOR HUGO ALEJO, No. 06-73319 Petitioner, Agency No. A075-607-030 v. MEMORANDUM * ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted May 15, 2012 ** Before: CANBY, GRABER, and M. SMITH, Circuit Judges. Victor Hugo Alejo, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals order summarily affirming an immigration judge s decision ( IJ ) denying his request for a continuance. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the request for a * 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). continuance and review de novo due process claims. Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008) (per curiam). We deny the petition for review. The IJ did not abuse his discretion or violate due process in denying Alejo s request for a continuance where Alejo s eligibility for relief was speculative. See id. at 1247 (no abuse of discretion in denying a motion to continue where relief was not immediately available); Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) ( To prevail on a due process challenge to deportation proceedings, [a petitioner] must show error and substantial prejudice. ). PETITION FOR REVIEW DENIED. 2 06-73319

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