Maria Zanudo Bojorquez, et al v. Eric H. Holder Jr., No. 08-73158 (9th Cir. 2011)
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FILED JAN 25 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MARIA DEL ROSARIO ZANUDO BOJORQUEZ; MIGUEL MALDONADO HERNANDEZ, No. 08-73158 Agency Nos. A095-176-538 A095-176-539 Petitioners, MEMORANDUM * v. ERIC H. HOLDER, Jr., Attorney General, Respondent. On Petition for Review of an Order of the Board of Immigration Appeals Submitted January 10, 2011 Before: BEEZER, TALLMAN, and CALLAHAN, Circuit Judges. Maria Del Rosario Zanudo Bojorquez and Miguel Maldonado Hernandez, natives and citizens of Mexico, petition for review of the Board of Immigration Appeals order dismissing their appeal from an immigration judge s ( IJ ) decision denying their motion for a continuance. We have jurisdiction under 8 U.S.C. * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. § 1252. We review for abuse of discretion the denial of a motion for a continuance, Karapetyan v. Mukasey, 543 F.3d 1118, 1129 (9th Cir. 2008), and de novo questions of law, Ram v. INS, 243 F.3d 510, 516 (9th Cir. 2001). We deny the petition for review. The IJ did not abuse his discretion in denying petitioners motion for a continuance where they failed to show good cause. See 8 C.F.R. § 1003.29; Karapetyan, 543 F.3d at 1129. It follows that petitioners due process claim fails. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and prejudice for a petitioner to prevail on a due process claim). PETITION FOR REVIEW DENIED. 2 08-73158
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