Prassert Paointhara v. Immigration and Naturalization Service

The panel unanimously agrees that this ease is appropriate for submission without oral argument. See Fed.R.App.P. 34(a); 9th Cir.R. 3(a).

Paointhara petitions for review of an order of the Board of Immigration Appeals (BIA) affirming the Immigration Judge’s (IJ’s) decision finding him deportable and denying voluntary departure and suspension of deportation. The Immigration and Naturalization Service (INS) began deportation proceedings against petitioner charging that he was deportable because he had overstayed his visa. See 8 U.S.C. § 1251 (a)(2) (1976). Subsequently, petitioner was convicted in United States District Court of conspiracy to import and importation of narcotics. The INS thereafter amended the proceedings against petitioner to charge that he was deportable because of his narcotics conviction. See 8 U.S.C. § 1251 (a)(ll) (1976). At the deportation hearing, petitioner’s counsel, on petitioner’s behalf, allegedly admitted all of the elements necessary to find petitioner deporta-ble. The IJ, therefore, ordered petitioner deported and denied him any form of discretionary relief. In due course, the BIA affirmed the IJ’s decision.

On appeal, Paointhara argues that the INS…