Vladisavljevic

Vladisavljevic v. Gonzales

Good Law
243 F. App'x 229
United States Court of Appeals for the Ninth CircuitJune 18, 2007No. 04-70994California676 words

Opinion

Lead Opinion

MEMORANDUM *

Zoran Vladisavljevic petitions for review of the decision of the Board of Immigration Appeals (“BIA”) upholding the denial by an immigration judge (“IJ”) of petitioner’s claims for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). The BIA also upheld the IJ’s finding that petitioner *231 knowingly filed a frivolous asylum application under 8 U.S.C. § 1158 (d)(6). We have jurisdiction pursuant to 8 U.S.C. § 1252 (a)(1), and we grant the petition in part and deny it in part.

1. The IJ’s denial of petitioner’s request for a fourth continuance did not constitute an abuse of discretion or violate petitioner’s statutory or due process rights. The IJ’s finding that petitioner engaged in a consistent pattern of a lack of cooperation with counsel, which culminated in the delay of his merits hearing for over a year, was not clearly erroneous. An alien’s right to counsel does not confer an unlimited ability to delay immigration proceedings indefinitely or unreasonably to secure counsel or to perfect his case. See Jie Lin v. Ashcroft, 377 F.3d 1014, 1032 (9th Cir.2004) (warning that “a petitioner may be forced to proceed without…

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