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United States Third Circuit


PONCE-LEIVA v. ASHCROFT, 01-3900

The immigration judge's decision to hold an asylum hearing after plaintiff's attorney suddenly refused to appear did not constitute a denial of his right to counsel. The immigration attorney's failure to appear at the hearing or make a timely request for a continuance did not constitute ineffective assistance of counsel.

Appellate Information

  • Decided 06/05/2003
  • Published 06/05/2003

Judges

  • Before SLOVITER, RENDELL, Circuit Judges and McCLURE, District Judge.

Court

  • United States Third Circuit

Counsel

  • For Appellant:
  • Steven A. Morley (Argued), Bagia & Morley, Philadelphia, for Petitioner.

  • For Appellees:
  • Robert D. McCallum, Jr., Assistant Attorney General, Ernesto H. Molina, Senior Litigation Counsel, Regina Byrd (Argued), Attorney, Michael P. Lindemann, Attorney, Lyle D. Jentzer, Attorney, Office of Immigration Litigation, Civil Division, United State Justice Department, Washington, for Respondent.
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