Morgan v. Gonzales

Holding that IJ's denial of third continuance was not abuse of discretion

Abu-Khaliel v. Gonzales

Holding that this court has "jurisdiction to review the IJ's denial of a continuance"

Onyeme v. U.S. Immigration Naturalization

Holding that IJ did not abuse discretion in refusing to continue removal proceedings to await resolution of pending visa petition because petitioner had not yet applied for adjustment of status and was ineligible for status adjustment absent discretionary relief by Attorney General

Subhan v. Ashcroft

Holding that IJ's refusal to grant additional continuance to await outcome of labor certification application was an abuse of discretion

Hashmi v. Att'y Gen. of the U.S.

Vacating the BIA's decision to deny a continuance and discussing the dearth of necessary communication between the Plaintiff's I-130 petition process and removal proceedings

Ilic-Lee v. Mukasey

Affirming IJ's denial of motion for continuance to allow DHS to act on alien's motion to reopen adjustment of status proceedings, where motion had been pending without action for fourteen months, alien did not file new documentary evidence supporting continuance and had considerable time to gather relevant evidence, and IJ had reason to believe alien would not prevail on motion to reopen

Pedreros v. Keisler

Finding that IJ did not abuse its discretion by denying a continuance when a petitioner's 1-130 petition had been denied but an appeal was still pending in the BIA

Pede v. Gonzales

Holding that the denial of a continuance based on the ultimate hopelessness of an adjustment application is "perfectly acceptable"

Badwan v. Gonzales

Reversing IJ's denial of continuance where it was alien's first request for a continuance, the motion was unopposed, and alien "made a good faith attempt to satisfy the documentation requirement in a difficult situation" and "amply showed a `likelihood of success'" that he would be able to cure deficiency in documentation supporting application for adjustment of status

Afzal v. Holder

Section 1182 - Inadmissible aliens

Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

Section 1229a - Removal proceedings

Granting a noncitizen the right to file one motion to reopen and providing that “the motion to reopen shall be filed within 90 days of the date of entry of a final administrative order of removal”

Section 1255 - Adjustment of status of nonimmigrant to that of person admitted for permanent residence

Listing classes of nonimmigrants, such as students and tourists

Section 1153 - Allocation of immigrant visas

Determining an applicant's age as " the age of the alien on the date on which an immigrant visa number becomes available for such alien . . . but only if the alien has sought to acquire the status of an alien lawfully admitted for permanent residence within one year of such availability; reduced by (B) the number of days in the period during which the applicable petition . . . was pending"

Section 1151 - Worldwide level of immigration

Listing "immediate relatives" among the categories of immigrants not subject to numerical limitations on the number of visas issued annually

Section 1003.29 - Continuances

Authorizing continuances

Section 1240.8 - Burdens of proof in removal proceedings

Applying "clearly and beyond doubt" burden to "proceedings commenced upon a respondent's arrival" or "[a]liens present in the United States without being admitted"

Section 1245.1 - Eligibility

Providing that "[a]ny alien who was not admitted or paroled following inspection by an immigration officer" is "ineligible to apply for adjustment of status to that of a lawful permanent resident alien"

Section 1245.10 - Adjustment of status upon payment of additional sum under section 245(i)

Listing the eligibility requirements for an alien who entered without inspection and is seeking adjustment of status based on a labor certification

Section 1240.6 - Postponement and adjournment of hearing

Authorizing adjournments