would be unable to present his case fully and fairly if unrepresented, the IJ could not let Lin’s hearing proceed without counsel. The IJ could have capitulated and again postponed the hearing. The cost of this course was obvious: leaving Lin in detention for an even longer time while giving him and his relatives another opportunity to obtain competent counsel or himself to seek pro bono counsel for Lin. Doing so would impose a cost not only upon Lin, but upon the INS, which bore the costs of Lin’s care and upkeep. Instead, the IJ chose to proceed with the long-delayed hearing by insisting that an obviously unprepared counsel, who by her own assertion had not expected to argue this case, represent Lin. He erred in doing so. See Rios-Berrios v. INS, 776 F.2d 859, 862-63 (9th Cir.1985) (<HOLDING>). Notwithstanding his previous pledge that the
holding that where alien was in custody spoke only spanish had limited education and was unfamiliar with this country and its legal procedures in light of his failure to obtain counsel despite his efforts the immigration judge sua sponte if necessary should have continued the hearing so as to provide the petitioner a reasonable time to locate counsel and permit counsel to prepare for the hearing holding that trial courts failure to consider appointing counsel for petitioner in evidentiary hearing was improper where record revealed petitioners lack of education and sophistication petitioner had limited participation in hearing and record indicates that there was abundant doubt raised concerning gordons need for the assistance of counsel holding that trial court abused its discretion in denying petitioners request for counsel in evidentiary hearing where petitioner had requested counsel and had indicated in his motion that all documents had been prepared by prison law clerk he had only ninthgrade education he had no training in the law and he lacked the skills necessary to participate in hearing holding that defendants failure to obtain counsel despite opportunities to do so implied a waiver of counsel holding that it was not error for a trial court to have failed to provide sua sponte a competent interpreter where counsel did not request one prior to trial and defendant spoke and understood english well enough to conversantly discuss the crime with a police officer and had no trouble answering questions at the sentencing hearing