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Matter of Sanchez Sosa, ID 3753, 25 I&N Dec. 807 (BIA 2012)

Matter of Sanchez Sosa, ID 3753, 25 I&N Dec. 807 (BIA 2012) - (1) In determining whether good cause exists to continue removal proceedings to await the adjudication of an alien’s pending U nonimmigrant visa petition, an Immigration Judge should consider (1) the response of the Department of...

OPPM 13-01: Continuances and Administrative Closure

"... A case where both parties support resolving the matter outside of immigration court proceedings is not one that generally should remain on the court's docket. Examples of such cases include those where DHS has decided to exercise prosecutorial discretion (PD), and those involving deferred...

CA11 on Continuances: Ferreira v. U.S. Atty. Gen. (Updated)

"Anderson Ferreira, a native and citizen of Brazil, sought a continuance of his deportation proceedings to await the availability of an immigrant visa based on his approved I-140 petition. After the Immigration Judge denied Ferreira’s motion for a continuance, he appealed to the Board of Immigration...

CA7 on Continuances: Yang v. Holder

"Although we are satisfied that the Board did not abuse its discretion in denying Yang’s request for asylum and associated relief, the same cannot be said for its decision to uphold the IJ’s denial of a continuance pending adjudication of Yang’s I-130; we grant the petition for...

Unpub. BIA Continuance Remand Victory in NC

"Because the Immigration Judge erred in finding that the respondent's request for a continuance to permit the respondent to appear in federal court on a criminal sentencing matter was unreasonable and not supported by good cause (I.J. at 2), the record will be remanded to the Immigration Judge...

Immigration Judge Won’t Delay Hearing For Lawyer’s Maternity Leave, Then Berates Her For Bringing Baby To Court

"An attorney on maternal leave was denied her request to postpone an immigration hearing in Atlanta, and had to litigate with her baby strapped to her chest. Then, she was berated by the judge, who refused to delay the hearing, for bringing her child to court. As soon as Stacy Ehrisman-Mickle agreed...

CA2 on Continuance, Categorical Approach: Flores v. Holder

"We hold that the agency (1) abused its discretion in denying the motion to continue because it failed to apply the correct legal standard, (2) erred in its application of the modified categorical approach to determine whether petitionerʹs convictions for first‐degree sexual abuse under New York...

BIA on Corroboration, Continuances: Matter of L-A-C-

Official Headnotes: (1) Where an Immigration Judge finds that an applicant for asylum or withholding of removal has not provided reasonably available corroborating evidence to establish his claim, the Immigration Judge should first consider the applicant’s explanations for the absence of such...