Skulpravitri

Skulpravitri v. Ashcroft

Good Law
102 F. App'x 71
United States Court of Appeals for the Ninth CircuitJune 18, 2004No. 02-73512California330 words

Opinion

Lead Opinion

*72 MEMORANDUM **

Preeyawit Skulpravitri, a native and citizen of Thailand, petitions pro se for review of a decision of the Board of Immigration Appeals (“BIA”) affirming, without opinion, an Immigration Judge’s (“IJ”) finding that he abandoned his application for asylum, withholding of removal, and relief under the Convention against Torture. We have jurisdiction pursuant to 8 U.S.C. § 1252 , and we deny Skulpravitri’s petition for review.

Skulpravitri contends that the IJ abused his discretion by denying him a second continuance to file his application for asylum. We disagree.

The decision to grant or deny continuances is within the sound discretion of the trial judge and will not be overturned except on a showing of clear abuse. Rios-Berrios v. INS, 776 F.2d 859, 862 (9th Cir.1985). Skulpravitri received one continuance and a warning from the IJ that timeliness was essential, or his petition would be considered abandoned. When asked by the IJ why his application had still not been prepared after the initial continuance, Skulpravitri stated that he had no excuse. We conclude that the IJ did not abuse his discretion. See id.

Skulpravitri also contends that the BIA’s…

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