§
Matter of Rajah

38 Cited authorities

  1. Sandoval-Luna v. Mukasey

    526 F.3d 1243 (9th Cir. 2008)   Cited 331 times   1 Legal Analyses
    Holding denial of a motion for continuance is reviewed for abuse of discretion

  2. Ahmed v. Holder

    569 F.3d 1009 (9th Cir. 2009)   Cited 268 times
    Holding "reasonableness of the immigrant's conduct" is relevant to abuse of discretion determination

  3. Khan v. Attorney General of the United States

    448 F.3d 226 (3d Cir. 2006)   Cited 169 times   1 Legal Analyses
    Holding that because IJ's authority to rule on continuance motion is not specified under 8 U.S.C. §§ 1151- 1378 to be in the discretion of the Attorney General, § 1252(B) does not deprive court of appeals of jurisdiction

  4. Ahmed v. Gonzales

    447 F.3d 433 (5th Cir. 2006)   Cited 127 times   1 Legal Analyses
    Holding that the denial of a motion to continue is reviewed for abuse of discretion

  5. Zafar v. U.S. Attorney General

    461 F.3d 1357 (11th Cir. 2006)   Cited 86 times   1 Legal Analyses
    Holding that petitioners' due process rights were not violated "when the IJs did not continue their removal proceedings"

  6. Rajah v. Mukasey

    544 F.3d 427 (2d Cir. 2008)   Cited 66 times   2 Legal Analyses
    Holding seven hours of questioning, with two stints in jail cell, was "long and tiresome" but not shocking

  7. Chacku v. U.S. Att'y. Gen.

    555 F.3d 1281 (11th Cir. 2008)   Cited 59 times
    Holding that the relevant date for evaluating eligibility is the date of application

  8. Lendo v. Gonzales

    493 F.3d 439 (4th Cir. 2007)   Cited 60 times   1 Legal Analyses
    Affirming the IJ's denial of Lendo's motion for a continuance because when Lendo sought the continuance, he was not eligible under 8 U.S.C. § 1255 or (B) for an adjustment of status

  9. Elbahja v. Keisler

    505 F.3d 125 (2d Cir. 2007)   Cited 27 times
    Holding that agency did not abuse its discretion in declining to grant a continuance sought to pursue relief that is "speculative at best"

  10. Rajah v. Mukasey

    544 F.3d 449 (2d Cir. 2008)   Cited 25 times
    Reversing denial of continuance and remanding to the BIA for further guidance on what constitutes "sufficient time" in light of the "delays endemic in almost every stage of acquiring any visa"

  11. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,846 times   92 Legal Analyses
    Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

  12. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,987 times   78 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  13. Section 1227 - Deportable aliens

    8 U.S.C. § 1227   Cited 8,077 times   42 Legal Analyses
    Granting this discretion to the Attorney General

  14. Section 1229a - Removal proceedings

    8 U.S.C. § 1229a   Cited 6,465 times   8 Legal Analyses
    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”

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

    8 U.S.C. § 1255   Cited 2,917 times   6 Legal Analyses
    Listing classes of nonimmigrants, such as students and tourists

  16. Section 1153 - Allocation of immigrant visas

    8 U.S.C. § 1153   Cited 1,243 times   10 Legal Analyses
    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"

  17. Section 1154 - Procedure for granting immigrant status

    8 U.S.C. § 1154   Cited 1,184 times   2 Legal Analyses
    Granting immigrant status

  18. Section 1255a - Adjustment of status of certain entrants before January 1, 1982, to that of person admitted for lawful residence

    8 U.S.C. § 1255a   Cited 317 times
    Establishing QDE's

  19. Section 1003.2 - Reopening or reconsideration before the Board of Immigration Appeals

    8 C.F.R. § 1003.2   Cited 7,834 times   7 Legal Analyses
    Granting power to Board

  20. Section 1003.29 - Continuances

    8 C.F.R. § 1003.29   Cited 665 times   1 Legal Analyses
    Authorizing continuances

  21. Section 245.2 - Application

    8 C.F.R. § 245.2   Cited 504 times   3 Legal Analyses
    Granting USCIS authority to adjudicate applications for adjustment of status outside of removal proceedings

  22. Section 204.5 - Petitions for employment-based immigrants

    8 C.F.R. § 204.5   Cited 327 times   16 Legal Analyses
    Permitting an alien to retain a priority date associated with an existing employment-based petition

  23. Section 1240.8 - Burdens of proof in removal proceedings

    8 C.F.R. § 1240.8   Cited 312 times   4 Legal Analyses
    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"

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

    8 C.F.R. § 1245.10   Cited 57 times
    Listing the eligibility requirements for an alien who entered without inspection and is seeking adjustment of status based on a labor certification

  25. Section 656.30 - Validity of and invalidation of labor certifications

    20 C.F.R. § 656.30   Cited 39 times

    (a)Priority date. (1) The filing date for a Schedule A occupation or sheepherders is the date the application was dated by the Immigration Officer. (2) The filing date, established under § 656.17(c) , of an approved labor certification may be used as a priority date by the Department of Homeland Security and the Department of State, as appropriate. (b)Expiration of labor certifications. For certifications resulting from applications filed under this part and 20 CFR part 656 in effect prior to March

  26. Section 656.21 - Supervised recruitment

    20 C.F.R. § 656.21   Cited 37 times
    Requiring information about alien's qualifications, which employer must provide on Application for Alien Employment Certification

  27. Section 656.17 - Basic labor certification process

    20 C.F.R. § 656.17   Cited 36 times   11 Legal Analyses
    Containing the regulations surrounding the basic labor certification process, including setting forth the typical pre-filing recruitment process, which requires employers to demonstrate that they advertised the position and took additional recruitment steps, such as conducting a job fair, on-campus recruiting, or used a private employment firm, among others

  28. Section 656.10 - General instructions

    20 C.F.R. § 656.10   Cited 33 times   3 Legal Analyses

    (a)Filing of applications. A request for a labor certification on behalf of any alien who is required by the Act to be a beneficiary of a labor certification in order to obtain permanent resident status in the United States may be filed as follows: (1) Except as provided in paragraphs (a)(2), (3), and (4) of this section, an employer seeking a labor certification must file under this section and § 656.17 . (2) An employer seeking a labor certification for a college or university teacher must apply