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Guillen-Corea v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Nov 25, 2015
623 F. App'x 463 (9th Cir. 2015)

Opinion

No. 13-73531

11-25-2015

LUIS ALBERTO GUILLEN-COREA, Petitioner, v. LORETTA E. LYNCH, Attorney General, Respondent.


NOT FOR PUBLICATION

Agency No. A098-992-660 MEMORANDUM On Petition for Review of an Order of the Board of Immigration Appeals Before: TASHIMA, OWENS, and FRIEDLAND, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Luis Alberto Guillen-Corea, a native and citizen of Honduras, petitions for review of the Board of Immigration Appeals' ("BIA") order dismissing his appeal from an immigration judge's denial of his request for a continuance, and denying a motion to remand. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the denial of a continuance and the denial of a motion to remand. Malilia v. Holder, 632 F.3d 598, 602 (9th Cir. 2011); Romero-Ruiz v. Mukasey, 538 F.3d 1057, 1062 (9th Cir. 2008). We deny in part and dismiss in part the petition for review.

The agency did not abuse its discretion in denying Guillen-Corea's request for a fifth continuance where there was no pending I-130 visa petition at the time of the continuance request and Guillen-Corea's first I-130 had been denied. See Matter of Hashmi, 24 I. & N. Dec. 785, 790-92 (BIA 2009) (listing factors to consider when determining if a continuance is warranted when an I-130 petition is pending, including the viability of the petition and previous denials (emphasis added)); cf. Malilia, 632 F.3d at 606-07 (applying Hashmi factors).

The BIA did not abuse its discretion in denying the motion to remand where Guillen-Corea provided no supporting evidence to prove the viability of his second I-130 petition. See 8 C.F.R. § 1003.2(c)(1).

We lack jurisdiction to consider Guillen-Corea's request for prosecutorial discretion. See Vilchiz-Soto v. Holder, 688 F.3d 642, 644 (9th Cir. 2012) (order).

PETITION FOR REVIEW DENIED in part; DISMISSED in part.


Summaries of

Guillen-Corea v. Lynch

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
Nov 25, 2015
623 F. App'x 463 (9th Cir. 2015)
Case details for

Guillen-Corea v. Lynch

Case Details

Full title:LUIS ALBERTO GUILLEN-COREA, Petitioner, v. LORETTA E. LYNCH, Attorney…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: Nov 25, 2015

Citations

623 F. App'x 463 (9th Cir. 2015)