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Maria Del Rosario Zanudo Bojorquez; Miguel Maldonado v. Eric H. Holder

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT


January 25, 2011

MARIA DEL ROSARIO ZANUDO BOJORQUEZ; MIGUEL MALDONADO HERNANDEZ, PETITIONERS,
v.
ERIC H. HOLDER, JR., ATTORNEY GENERAL, RESPONDENT.

Agency Nos. A095-176-538 A095-176-539 On Petition for Review of an Order of the Board of Immigration Appeals

FILED

NOT FOR PUBLICATION

MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

MEMORANDUM*fn1

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. § 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.


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