Sandoval-Luna v. Mukasey (9th Cir. 5/22/08)

PER CURIAM Goodwin, Fletcher, Smith

The 9th Cir agreed that it had jurisdiction to review continuance denials: "Most circuits have held that 8 U.S.C. § 1252(a)(2)(B)(ii) does not strip jurisdiction over petitions challenging an IJ’s discretionary denial of a continuance, even absent constitutional claims. See Alsamhouri v. Gonzales, 484 F.3d 117, 121-22 (1st Cir. 2007) (citing cases from other circuit courts addressing the same issue)."  The CtApp found no abuse of discretion, however.  Further, it found no Due Process violation in the continuance denial, "because Sandoval-Luna does not have a cognizable liberty interest in discretionary relief from removal. See Tovar-Landin v. Ashcroft, 361 F.3d 1164, 1167 (9th Cir. 2004) (citing Munoz v. Ashcroft, 339 F.3d 950, 954 (9th Cir. 2003))." Finally, it upheld under rational basis review the requirement that Cancellation applicants have a qualifying family member.

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