Moukhlis

MEMORANDUM *

In these two consolidated cases, petitioner Abdellah Moukhlis appeals both the Board of Immigration Appeals’ (“BIA”) denial of his appeal from the Immigration Judge’s (“IJ”) order of deportation and the BIA’s denial of his motion to reopen deportation proceedings. As the facts are known to the parties, we do not recite them here. Because the BIA’s final order of deportation was entered after October 30, 1996 and deportation proceedings were initiated before April 1, 1997, we have jurisdiction pursuant to IIRIRA’s transitional rules. See IIRIRA § 309(a), (c)(1); Socop-Gonzalez v. INS, 272 F.3d 1176, 1183 (9th Cir.2001) (en banc); Kalaw v. INS, 133 F.3d 1147, 1150 (9th Cir.1997).

The IJ’s Denial of a Continuance

Moukhlis argues that he should be relieved from the BIA’s order of deportation because the IJ infringed his due process rights by denying him a continuance to obtain new counsel. The INS argues that because Moukhlis only argued to the BIA that the IJ should have granted him a continuance to allow him to develop his *567 argument in favor of suspension of deportation (rather than renewing the application for waiver of petition), he has failed to exhaust his…