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PONCE-LEIVA v. ASHCROFT

No. 01-2900.

331 F.3d 369 (2003)

Julio Donaldo PONCE-LEIVA, Petitioner v. John D. ASHCROFT, Attorney General of the United States, Respondent.

United States Court of Appeals, Third Circuit.

June 5, 2003.

Attorney(s) appearing for the Case

Steven A. Morley (Argued), Bagia & Morley, Philadelphia, for Petitioner.

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.

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

OPINION OF THE COURT

McCLURE, District Judge.

This is a petition for review of a final order of removal issued by the Board of Immigration Appeals (BIA). The BIA affirmed the immigration judge's decision that Julio Donaldo Ponce-Leiva was removable and ineligible for asylum. Ponce-Leiva presents us with two questions. First, did the immigration judge's decision to hold an asylum hearing after Ponce-Leiva's attorney suddenly refused to appear constitute a...

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