ALFREDO SALDANA-RAMIREZ V. ERIC HOLDER, JR., No. 11-70522 (9th Cir. 2012)

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FILED NOT FOR PUBLICATION UNITED STATES COURT OF APPEALS MAY 24 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ALFREDO SALDANA-RAMIREZ, Petitioner, No. 11-70522 Agency No. A088-884-090 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. Alfredo Saldana-Ramirez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals ( BIA ) order dismissing his appeal from an immigration judge s decision denying his motion for a continuance. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the * 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). denial of a continuance, Ahmed v. Holder, 569 F.3d 1009, 1012 (9th Cir. 2009), and we deny the petition for review. The BIA did not abuse its discretion in concluding that Saldana-Ramirez failed to show good cause for a continuance pending the completion of postconviction relief proceedings in state court where no favorable evidence was excluded as a result of the denial and the requested continuance would have been indefinite in nature. See id. at 1012-14. Contrary to Saldana-Ramirez s contention, the agency did not apply an incorrect legal standard in ruling on his motion. We deny Saldana-Ramirez s motion for judicial notice of documents outside the administrative record. See Fisher v. INS, 79 F.3d 955, 963 (9th Cir. 1996) (en banc). Accordingly, we deny as moot the government s motion to strike. PETITION FOR REVIEW DENIED. 2 11-70522

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