NICOLAS v. HOLDER, 366 Fed.Appx. 815 (9th Cir. 2010)
Jesus Ruiz NICOLAS; Olivia Perez Monteagudo, Petitioners, v. Eric H.HOLDER Jr., Attorney General, Respondent.
No. 06-75125.United States Court of Appeals, Ninth Circuit.Submitted February 16, 2010.[fn*]
Filed February 24, 2010.
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.][fn*] The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P.34(a)(2).Page 816
Jesus Ruiz Nicolas, Los Angeles, CA, pro se.
Olivia Perez Monteagudo, Los Angeles, CA, pro se.
Ronald E. Lefevre, Office of the District Counsel Department of Homeland Security, San Francisco, CA, OIL, Stacy Stiffel Paddack, Luis E. Perez, Norah Ascoli Schwarz, DOJ-U.S. Department of Justice, Washington, DC, for Respondent.
On Petition for Review of an Order of the Board of Immigration Appeals. Agency Nos. A079-521-902, A079-521-903.
Before: FERNANDEZ, GOULD, and M. SMITH, Circuit Judges.
MEMORANDUM[fn**]
[fn**] This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Jesus Ruiz Nicolas and Olivia Perez Monteagudo, husband and wife and natives and citizens of Mexico, petition pro se for review of the Board of Immigration Appeals' ("BIA") order dismissing their appeal from an immigration judge's ("IJ") decision denying their applications for cancellation of removal and denying their motion to continue. Our jurisdiction is governed by 8 U.S.C. § 1252. We review for abuse of discretion the denial of a motion to continue and de novo claims of due process violations in immigration proceedings.Sandoval-Luna v. Mukasey, 526 F.3d 1243, 1246 (9th Cir. 2008) (per curiam). We deny in part and dismiss in part the petition for review.
The agency did not violate due process by denying petitioners' motion to continue because petitioners did not establish good cause. See 8 C.F.R. § 1003.29 (an IJ may grant a motion for continuance for good cause shown); see Lata v.INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error for a due process violation).
We lack jurisdiction over petitioners' contention that the agency failed to evaluate their hardship evidence in the aggregate, because it does not amount to a colorable constitutional claim. See MeneaPage 817dez-Castro v. Mukasey, 552 F.3d 975, 980 (9th Cir. 2009).
We also lack jurisdiction over petitioners' challenge to the BIA's February 21, 2008, order because this petition for review is not timely as to that order. See Singh v. INS,315 F.3d 1186, 1188 (9th Cir. 2003).
PETITION FOR REVIEW DENIED in part; DISMISSED inpart.