Boughan

Boughan v. Immigration & Naturalization Service

Good Law
32 F. App'x 323
United States Court of Appeals for the Ninth CircuitMarch 11, 2002No. 00-70465; I & NS No. A73-419-203California505 words

Opinion

Lead Opinion

MEMORANDUM **

Boughan, a native and citizen of India, timely petitions for review of a final decision of the Board of Immigration Appeals (Board) dismissing the appeal of the immigration judge’s (IJ) denial of his application for asylum, withholding of deportation, and voluntary departure. Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), deportation proceedings initiated prior to April 1, 1997, for which a final order of deportation is issued after October 30, 1996, are subject to the transitional rules. Kalaw v. INS, 133 F.3d 1147, 1150-51 (9th Cir.1997). Because deportation proceedings were initiated against Boughan on March 29, 1995, and a final order of deportation was issued on March 30, 2000, the transitional rules apply to his case. We have jurisdiction to review a final order of the Board pursuant to 8 U.S.C. § 1105a(a), and we deny the petition.

Boughan contends that he was denied his right to counsel at the deportation proceedings because, after his counsel voluntarily withdrew following the completion of testimony, the IJ admitted an Immigration and Naturalization Service investigatory report while Boughan was not represented.…

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