Enrique Herrera-Castaneda v. Immigration & Naturalization Service

980 F.2d 737 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Enrique HERRERA-CASTANEDA, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 92-70251. United States Court of Appeals, Ninth Circuit. Submitted Nov. 23, 1992. * Decided Dec. 1, 1992. Before SCHROEDER, FLETCHER and NOONAN, Circuit Judges. 1 MEMORANDUM ** 2 Enrique Herrera-Castaneda, a native and citizen of Mexico, petitions for review of the Board of Immigration Appeals' ("BIA") dismissal of his appeal from the Immigration Judge's ("IJ") decision finding him deportable on the basis of his criminal conviction. Herrera-Castaneda contends that his due process right to a fundamentally fair hearing was violated as a result of the IJ's grant of three continuances to the government. He asserts that the IJ erred by not terminating the proceedings after the government's third request for a continuance. We review de novo the BIA's dismissal of a due process challenge. Arteaga v. INS, 836 F.2d 1227,…