Filed: Apr. 07, 2009
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 07-3084 _ Roman Bermudez-Garcia, * * Petitioner, * * Petition for Review of an v. * Order of the Board * of Immigration Appeals. 1 Eric H. Holder, Jr., Attorney General, * * [UNPUBLISHED] Respondent. * _ Submitted: April 6, 2009 Filed: April 7, 2009 _ Before RILEY, SMITH, and BENTON, Circuit Judges. _ PER CURIAM. Honduran citizen Roman Bermudez-Garcia (Garcia) petitions for review of an order of the Board of Immigration Appeals affirmin
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 07-3084 _ Roman Bermudez-Garcia, * * Petitioner, * * Petition for Review of an v. * Order of the Board * of Immigration Appeals. 1 Eric H. Holder, Jr., Attorney General, * * [UNPUBLISHED] Respondent. * _ Submitted: April 6, 2009 Filed: April 7, 2009 _ Before RILEY, SMITH, and BENTON, Circuit Judges. _ PER CURIAM. Honduran citizen Roman Bermudez-Garcia (Garcia) petitions for review of an order of the Board of Immigration Appeals affirming..
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United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 07-3084
___________
Roman Bermudez-Garcia, *
*
Petitioner, *
* Petition for Review of an
v. * Order of the Board
* of Immigration Appeals.
1
Eric H. Holder, Jr., Attorney General, *
* [UNPUBLISHED]
Respondent. *
___________
Submitted: April 6, 2009
Filed: April 7, 2009
___________
Before RILEY, SMITH, and BENTON, Circuit Judges.
___________
PER CURIAM.
Honduran citizen Roman Bermudez-Garcia (Garcia) petitions for review of an
order of the Board of Immigration Appeals affirming an immigration judge’s (IJ’s)
denial of Garcia’s request for a continuance. Garcia argues that the IJ abused his
discretion by denying a continuance.2 This court has held that the IJ’s discretionary
1
Eric H. Holder, Jr. has been appointed to serve as Attorney General of the
United States, and is substituted as respondent pursuant to Federal Rule of Appellate
Procedure 43(c).
2
Garcia’s other arguments--that the IJ did not comply with the regulations,
should have ruled on his eligibility for temporary protected status, and denied him due
decision to deny a motion for continuance is not subject to appellate review. See
Ikenokwalu-White v. Gonzales,
495 F.3d 919, 923-24 (8th Cir. 2007) (no jurisdiction
to review IJ’s decision to deny continuance of alien’s removal hearing); Grass v.
Gonzales,
418 F.3d 876, 879 (8th Cir. 2005) (same). We are bound to follow this
precedent. See United States v. Wright,
22 F.3d 787, 788 (8th Cir. 1994) (panel of
this court is bound by prior Eighth Circuit decision unless prior decision is overruled
by this court sitting en banc).
Accordingly, we deny the petition.
______________________________
process--are not reviewable because Garcia has not exhausted his administrative
remedies. See Ming Ming Wijono v. Gonzales,
439 F.3d 868, 871-72 (8th Cir. 2006)
(if petitioner fails to raise issue in appeal to Board of Immigration Appeals, petitioner
has not exhausted administrative remedies, which precludes consideration of claim in
petition for review).
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