- 6 - 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. * * * * * * *Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011