Boughan v. Immigration & Naturalization Service
Boughan v. Immigration & Naturalization Service
Opinion of the Court
MEMORANDUM
Boughan, a native and citizen of India, timely petitions for review of a final decision of the Board of Immigration Appeals (Board) dismissing the appeal of the immigration judge’s (IJ) denial of his application for asylum, withholding of deportation, and voluntary departure. Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), deportation proceedings initiated prior to April 1, 1997, for which a final order of deportation is issued after October 30, 1996, are subject to the transitional rules. Kalaw v. INS, 133 F.3d 1147, 1150-51 (9th Cir. 1997). Because deportation proceedings were initiated against Boughan on March 29, 1995, and a final order of deportation was issued on March 30, 2000, the transitional rules apply to his case. We have jurisdiction to review a final order of the Board pursuant to 8 U.S.C. § 1105a(a), and we deny the petition.
Boughan contends that he was denied his right to counsel at the deportation proceedings because, after his counsel voluntarily withdrew following the completion of testimony, the IJ admitted an Immigration and Naturalization Service investigatory report while Boughan was not represented. However, neither the IJ nor the Board relied upon the INS report in finding Boughan not credible. Therefore, he cannot establish the requisite prejudice to invalidate the deportation proceedings due to denial of counsel. See Acewicz v. INS, 984 F.2d 1056,1062 (9th Cir. 1993).
The IJ did not abuse her discretion in denying Boughan’s requested continuance because he failed to show good cause for the request. See De La Cruz v. INS, 951 F.2d 226, 229 (9th Cir. 1991) (per curiam).
Under IIRIRA’s transitional rules, we lack jurisdiction to review the Board’s discretionary decision to deny Boughan the privilege of voluntary departure. See Beltran-Tirado v. INS, 213 F.3d 1179, 1182 (9th Cir. 2000).
PETITION FOR REVIEW DENIED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- Balbir Singh BOUGHAN v. IMMIGRATION AND NATURALIZATION SERVICE
- Status
- Published