Holding that the BIA may discount evidence of seven years' presence in its assessment of eligibility for suspension when presence was maintained through meritless appeals
Holding that ineffective representation did not result in prejudice because alien could not establish a prima facie showing that he was entitled to a grant of asylum under 8 U.S.C. § 1158
Finding this exception applied where the petitioner filed a petition for review challenging the BIA's denial of a motion to stay removal pending a motion to reopen
In Cheng Fan Kwok v. Immigration and Naturalization Service, 381 F.2d 542, 545 (3d Cir. 1967), aff'd, 392 U.S. 206, 88 S.Ct. 1970, 20 L.Ed.2d 1037 (1968), we stated that "the purpose of [§ 1105a(a)] was to prevent dilatory tactics frequently employed by counsel for aliens to postpone the inevitable (deportation) as long as possible."