Kimetlian

Kimetlian v. Ashcroft

Good Law
81 F. App'x 936
United States Court of Appeals for the Ninth CircuitNovember 20, 2003No. 02-74096; Agency No. A78-750-366California320 words

Opinion

Lead Opinion

MEMORANDUM **

Manuel Kimetlian, a native and citizen of Armenia, petitions for review of the decision of the Board of Immigration Appeals (“BIA”) summarily affirming an Immigration Judge’s (“IJ”) order of removal. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We review the decision to deny a continuance for clear abuse of discretion. See Gonzalez v. INS, 82 F.3d 903, 908 (9th Cir.1996). We deny the petition.

Kimetlian appeared for his removal hearing with counsel, but without a completed asylum application. The IJ granted a two-month continuance, warning Kimetlian and his attorney that if he failed to submit an application at the continued hearing, he would be deemed to have abandoned any claim to asylum. When Kimetlian appeared at the continued hearing with a new attorney and still no completed asylum application, the IJ denied a further continuance and ordered Kimetlian removed. In light of Kimetlian’s lack of diligence and the inconvenience to the immigration court of prolonging his case, the IJ did not abuse his discretion by denying the continuance. See id.; cf. Baires v. INS, 856 F.2d 89, 92-93 (9th Cir.1988).

Kimetlian contends that he did not file an asylum…

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