Vivian Van Hoven v. Immigration & Naturalization Service

57 F.3d 1079 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Vivian VAN HOVEN, Petitioner, v. IMMIGRATION & NATURALIZATION SERVICE, Respondent. No. 93-70483. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 15, 1994. Decided June 5, 1995. Before: TANG, REINHARDT and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Petitioner Vivian Van Hoven appeals the Board of Immigration Appeals' ("BIA") refusal to grant her a voluntary departure. Van Hoven also appeals the BIA's finding that the Immigration Judge's ("IJ") refusal to grant her a continuance--when her counsel failed to show up at her initial deportation hearing--did not constitute an abuse of discretion. We have jurisdiction under 8 U.S.C. Sec. 1105a(a), and we affirm. I. BACKGROUND 3 Vivian Van Hoven is a 44 year old native and citizen of the Philippines. She entered the United States on March 25, 1987 as a conditional permanent resident based on her marriage to David Van Hoven, a United States…