Alam v. Gonzales

Filing 920060810

Opinion

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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT August 10, 2006 Charles R. Fulbruge III Clerk No. 05-60331 Summary Calendar SYED MUEED ALAM, Petitioner, versus ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL, Respondent. -------------------Petition for Review of an Order of the Board of Immigration Appeals BIA No. A79-005-389 -------------------Before JONES, Chief Judge, and SMITH and GARZA, Circuit Judges. PER CURIAM:* Syed Mueed Alam appeals the affirmance by the Board of Immigration Appeals (BIA) of the Immigration Judge's (IJ) denial of a motion for continuance of the hearing on Alam's application for asylum, withholding of removal, and relief under the Convention Against Torture. He contends that his procedural due process rights to a full and fair hearing were violated because Attorney Sharif was unfamiliar with the facts of the case and, therefore, Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. 1 * unable to develop Alam's testimony and because Alam himself was ill on the date of the hearing. This court reviews the BIA's affirmance of an IJ's denial of a continuance for abuse of discretion. 549, 555-56 (5th Cir. 1997). showing of good cause. Id. Witter v. INS, 113 F.3d An IJ may grant a continuance upon a Alam's motion for a continuance based on either Attorney Zakaria's illness or Alam's "condition" lacked good cause. had already been granted three continuances. 837 F.2d 1330, 1332 (5th Cir. 1988). Alam See Bright v. INS, Moreover, Alam's attorney of See Patel v. INS, record, Ramji, was present at the hearing. 803 F.2d 804, 806-07 (5th Cir. 1986). Thus, the IJ did not err when it denied the continuance, and Alam's claim, framed as a due process violation, fails. 81 (5th Cir. 2006). Accordingly, Alam's petition for review is DENIED. See Ali v. Gonzales, 440 F.3d 678, 680- 2

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