Summary
This Board of Immigration Appeals decision addresses whether an Immigration Judge properly granted a motion to continue an individual hearing based on a respondent's speculative claim of eligibility for special rule cancellation of removal. The Board sustained the Department of Homeland Security's interlocutory appeal, holding that continuances should not be granted for newly raised, speculative forms of relief close to a hearing date without evidence of diligence or likelihood of success. The record was remanded for the Immigration Judge to promptly schedule a final individual hearing.
Topics
Practice areas
Questions Presented
- Whether the Immigration Judge erred in granting a continuance based on the respondent’s speculative assertion of eligibility for special‑rule cancellation of removal
- Whether good cause existed to justify the continuance
Holdings
- An Immigration Judge should not grant a continuance based on a respondent’s speculative assertion of eligibility for a new form of relief not previously raised.
- Good cause was not shown; the continuance was speculative, untimely, and contrary to administrative efficiency and finality interests.
Key quotations
“An Immigration Judge generally should not continue an individual hearing based on a respondent’s speculative assertion that he or she may be eligible for a new form of relief from removal not previously raised.” (at 195)
“The respondent’s motion for continuance was not accompanied by a cancellation of removal application or even evidence that he is married to a United States citizen or lawful permanent resident and has been battered or subjected to extreme cruelty.” (at 197)
“Continuances are themselves intended to promote efficient case management.” (at 199)
Factual background
DHS placed the respondent in removal proceedings in 2015. The respondent filed an asylum application in 2017 and later sought a continuance to investigate eligibility for special‑rule cancellation of removal based on alleged spousal abuse. The Immigration Judge granted the continuance despite lack of supporting evidence.
Procedural history
The Immigration Judge granted a continuance to allow the respondent to investigate eligibility for special‑rule cancellation of removal. DHS appealed the decision. The Board reviewed the appeal de novo.
Remand instructions
The record is remanded for the Immigration Judge to promptly schedule a final individual hearing to consider any applicable relief from removal.