Doria

MEMORANDUM *

Victor Abadilla Doria, a native of the Phillippines, petitions for review of a decision of the Board of Immigration Appeals (BIA) affirming the IJ’s denial of a continuance after his attorney failed to appear or file any documents in support of his application for a misrepresentation waiver. He contends, first, that the IJ abused his discretion in denying him a continuance, and, second, that his case should be remanded to the BIA and in turn, to the IJ, because his attorney’s actions constituted ineffective assistance of counsel. Doria also applies for a stay of voluntary departure.

We deny the petition but hold that Doria’s period of voluntary departure is stayed until the issuance of the mandate. Because the facts are familiar to the parties, we recount them only as necessary to explain our decision.

I.

Doria contends that the IJ’s denial of a continuance denied him his statutory rights to a full and fair hearing on the merits of his case and to be represented by counsel of his choice. Aliens in removal proceedings are entitled to a reasonable opportunity to present evidence on their own behalf. See 8 U.S.C. § 1229a(b)(4)(B) (1999). They also have a statutory…