Hung Kei Leung v. Gonzales

MEMORANDUM **

This is an appeal from an order of the Board of Immigration Appeals (“BIA”). The appeal is brought pursuant to 8 U.S.C. § 1252 . 1 The petitioner-appellant, Hung Kei Leung, contends that the BIA erred when it affirmed and adopted an immigration judge’s order that rejected Leung’s application to the Attorney General for relief from deportation, and denied his motion for a continuance.

The issues presented are: 1) whether the limitations on aggravated felons seeking § 212(c) relief from deportation apply to Leung; 2 and 2) whether the immigration judge denied Leung his right to counsel when she denied his request for a continuance to secure the services of an attorney.

For the reasons set forth hereinafter, we AFFIRM the decision of the BIA.

FACTS

A review of the administrative record reveals the following undisputed material facts.

On August 4, 1965, Leung was born in Hong Kong. On October 16, 1977, immigration officials admitted him to the United States as a lawful permanent resident. He has lived in this country ever since. On November 15, 1985, Leung pleaded *667 guilty in California superior court to a charge of burglary. The court sentenced him to a term of…

concurring:

I concur in the result denying the petition for review.