Maria Rivas-Guzman v. Eric H. Holder Jr., No. 09-70101 (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FILED JAN 25 2011 NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT MARIA ELENA RIVAS-GUZMAN, Petitioner, No. 09-70101 Agency No. A094-801-638 v. MEMORANDUM * 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 Elena Rivas-Guzman, a native and citizen of El Salvador, petitions for review of the Board of Immigration Appeals order dismissing her appeal from 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 continuance, * 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). Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008) (per curiam), and review de novo claimed violations of the right to counsel, Hernandez-Gil v. Gonzales, 476 F.3d 803, 804 n. 1 (9th Cir. 2007). We deny the petition for review. Rivas-Guzman s contention that the IJ abused her discretion by refusing to continue her immigration proceedings fails because she did not establish good cause for a continuance. See 8 C.F.R. § 1003.29. Rivas-Guzman s contention that the denial of the continuance effectively deprived her of her right to counsel is unavailing. See Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error for a due process violation). PETITION FOR REVIEW DENIED. 2 09-70101

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