Russell Abrutyn

Abrutyn Law PLLC

3765 12 Mile Road

Berkley, MI 48072


Wednesday, October 12, 2011

Late change of counsel does not require a continuance

Moctar v. Holder, No. 10-4542 (6th Cir. Oct. 11, 2011) (unpublished)

About seven years after the issuance of the NTA and two weeks before the individual hearing, the alien changed counsel and sought a continuance to allow the new attorney to get the file and prepare and also to get evidence from abroad.  The IJ denied the request because it was made at the last minute.  The court found no error or prejudice or due process violation.

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