Tommy Ho Ching Cheng - Page 6

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          to grant his motion “due to:  a/ Incarceration[;] b/ To hire an             
          attorney[;] c/ Review records with the C.P.A.[;and ] d/ Receive             
          bank records.”  Respondent objected, noting the two previous                
          motions to continue on the same grounds and petitioner’s                    
          impending deportation.  The Court denied petitioner’s motion to             
          continue on March 2, 2005.                                                  
               Calendar call was held on March 14, 2005.  At that time,               
          petitioner was still incarcerated.  David C. Holtz (Mr. Holtz)              
          attempted to file another motion to continue on petitioner’s                
          behalf.  Mr. Holtz had not filed an entry of appearance with the            
          Court, and the Court informed him that he would not be heard                
          until he filed an entry of appearance.  Mr. Holtz refused to file           
          an entry of appearance, stating that he intended to file an entry           
          of appearance only if the motion for continuance would be                   
          granted.  The trial was then scheduled for March 16, 2005.                  
               On March 16, 2005, Steven R. Mather (Mr. Mather) and Mr.               
          Holtz filed an entry of appearance.  At that time, petitioner               
          filed his fourth motion to continue.  In the motion, petitioner             
          states:                                                                     
                    7.   Petitioner is currently scheduled to be                      
               released from custody on March 17, 2005, but will be                   
               escorted to the airport and immediately deported from                  
               the United States.                                                     
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