De Asis v. Ashcroft

MEMORANDUM ***

Petitioner Manolo Rivera De Asis (“Petitioner” or “De Asis”), a native and citizen of the Philippines, petitions for review of the Board of Immigration Appeals (“BIA”) dismissing in part his appeal from the Immigration Judge’s (“IJ”) decision deny *673 ing Ms application for suspension of deportation under INS § 244(a), 8 U.S.C. § 1254 . De Asis contends that the BIA erred in 1) denying him a continuance to permit his attorney additional time to prepare; 2) discussmg his right to counsel off the record; 3) refusing to consider additional evidence included on appeal; and 4) finding that he did not merit suspension of deportation. We have jurisdiction pursuant to 8 U.S.C. § 1105a(a), as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”) § 309(c), and we deny the petition.

I

The BIA correctly determined that the IJ did not abuse his discretion in denying De Asis a third continuance of his deportation hearing to obtain legal counsel. The IJ had previously granted two continuances, totaling sixteen months, had provided De Asis a list of low-cost and no-cost legal services in his residential area, clearly instructed De Asis as…