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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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