Case Details
- Status
- Published
- Procedural Posture
- Board of Immigration Appeals decision establishing standards for continuance motions in removal proceedings
Related Laws
No specific laws identified for this ruling.
Outcome
BIA established standards for granting continuances in removal proceedings pending employment-based visa petitions. Unopposed motions should generally be granted if visa approval would make alien prima facie eligible for adjustment of status, but mere labor certification pendency is insufficient.
Excerpt
RAJAH, 25 I&N Dec. 127 (BIA 2009) ID 3662 (PDF) (1) In determining whether good cause exists to continue removal proceedings to await the adjudication of a pending employment-based visa petition or labor certification, an Immigration Judge should determine the alien's place in the adjustment of status process and consider the applicable factors identified in Matter of Hashmi, 24 I&N Dec. 785 (BIA 2009), and any other relevant considerations. (2) An alien's unopposed motion to continue ongoing removal proceedings to await the adjudication of a pending employment-based visa petition should generally be granted if approval of the visa petition would render him prima facie eligible for adjustment of status. (3) The pendency of a labor certification is generally not sufficient to warrant a grant of a continuance.
What This Ruling Means
This summary was generated to explain the ruling in plain English and is not legal advice.
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