Immigration Law

Recent Posts

CA2 on Continuances, Abuse of Discretion: Martinez Roman v. Garland
Posted on 15 Sep 2022 by Daniel M. Kowalski

Martinez Roman v. Garland "Petitioner Marco Antonio Martinez Roman (“Martinez”), a native and citizen of Mexico, seeks review of a Board of Immigration Appeals (“BIA”) decision affirming the decision of an Immigration Judge... Read More

Matter of Mayen-Vinalay, 27 I&N Dec. 755 (BIA 2020)
Posted on 22 Jan 2020 by Daniel M. Kowalski

Matter of Mayen-Vinalay, 27 I&N Dec. 755 (BIA 2020) In assessing whether to grant an alien’s request for a continuance regarding an application for collateral relief, the alien’s prima facie eligibility for relief and whether it will... Read More

Tags: continuance , bia

CA9 on Continuance, Good Cause: Pleitez-Lopez v. Barr
Posted on 27 Aug 2019 by Daniel M. Kowalski

Pleitez-Lopez v. Barr "Petitioner Luis Pleitez-Lopez seeks review of the Board of Immigration Appeals’ decision affirming the immigration judge’s (“IJ”) denial of a continuance for Petitioner to update his fingerprints with... Read More

CLINIC Practice Advisory: Matter of L-A-B-R-, 27 I&N Dec. 405 (A.G. 2018)
Posted on 12 Dec 2018 by Daniel M. Kowalski

CLINIC, Dec. 6, 2018 - "This practice advisory provides practitioners guidance on Matter of L-A-B-R-, a decision issued on August 16, 2018. In L-A-B-R- , former Attorney General Jeff Session addressed the factors that an IJ must consider when a respondent... Read More

Immigration Judge Won’t Delay Hearing For Lawyer’s Maternity Leave, Then Berates Her For Bringing Baby To Court
Posted on 20 Oct 2014 by Daniel M. Kowalski

"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... Read More

CA7 on Continuances: Yang v. Holder
Posted on 25 Jul 2014 by Daniel M. Kowalski

"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... Read More

Unpub. BIA Continuance Remand Victory in NC
Posted on 20 Sep 2014 by Daniel M. Kowalski

"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),... Read More

BIA on Corroboration, Continuances: Matter of L-A-C-
Posted on 20 Mar 2015 by Daniel M. Kowalski

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... Read More

OPPM 13-01: Continuances and Administrative Closure
Posted on 8 Mar 2013 by Daniel M. Kowalski

"... 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... Read More

CA11 on Continuances: Ferreira v. U.S. Atty. Gen. (Updated)
Posted on 16 Apr 2013 by Daniel M. Kowalski

"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... Read More

CA2 on Continuance, Categorical Approach: Flores v. Holder
Posted on 27 Feb 2015 by Daniel M. Kowalski

"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... Read More

Matter of Sanchez Sosa, ID 3753, 25 I&N Dec. 807 (BIA 2012)
Posted on 7 Jun 2012 by Daniel M. Kowalski

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... Read More