
    Ana Gabriela NAZARI-HERNANDEZ, AKA Ana Gabriela Hernandez, Petitioner, v. Jefferson B. SESSIONS III, Attorney General, Respondent.
    No. 16-70389
    United States Court of Appeals, Ninth Circuit.
    Submitted February 13, 2018 
    
    Filed February 21, 2018
    Violeta Delgado, Esquire, Attorney, Law Offices of Violeta Delgado, Santa Ana, CA, for Petitioner
    John Beadle Holt, Esquire, Trial Attorney, DOJ — U.S. Department of Justice, Civil Division/Office of Immigration Litigation, Washington, DC, Chief Counsel ICE, Office of the Chief Counsel, Department of Homeland Security, San Francisco, CA, for Respondent
    Before: LEAVY, FERNANDEZ, and MURGUIA, Circuit Judges.
    
      
       The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
    
   MEMORANDUM

Ana Gabriela Nazari-Hemandez, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals’ order dismissing her appeal from an immigration judge’s (“U”) decision denying her request for a continuance. We have jurisdiction under 8 U.S.C. § 1252. We review for abuse of discretion the agency’s denial of a continuance, and review de novo questions of law. Ahmed v. Holder, 569 F.3d 1009, 1012 (9th Cir. 2009). We deny the petition for review.

The agency did not abuse its discretion nor violate due process in denying Nazari-Hernandez’s request for a third continuance for lack of good cause, where she had been given time for preparation but, contrary to the IJ’s specific instructions, appeared at her final hearing without an asylum application. See 8 C.F.R. §§ 1003.29, 1003.31(c); Ahmed, 569 F.3d at 1012 (listing factors to consider); Lata v. INS, 204 F.3d 1241, 1246 (9th Cir. 2000) (requiring error and prejudice to prevail on a due process challenge).

PETITION FOR REVIEW DENIED. 
      
       This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
     