Zhang v. Barr

Summary

Zhang v. Barr (2d Cir. 2019) holds that an Immigration Judge violated due process by sua sponte converting a master calendar hearing into an individual hearing on only 21 days' notice, depriving the petitioner of a full and fair opportunity to present his adjustment of status application. The court also found an abuse of discretion in denying a brief continuance where the petitioner made good-faith efforts to comply and had not previously sought a continuance. The petition for review was granted, the BIA order vacated, and the case remanded. Key topics: immigration due process, continuance abuse of discretion, adjustment of status, expedited proceedings.

Holdings

1. The IJ's decision to skip the master calendar hearing and convert to an individual hearing with only 21 days' notice deprived Zhang of a full and fair opportunity to present his application for adjustment of status, thus violating due process.
2. The IJ abused its discretion in denying Zhang's request for a one-week continuance given the unusual circumstances, Zhang's good-faith attempt to comply, the short time to prepare, the lack of prior continuances, and the government's non-opposition.

Questions Presented

1. Whether the IJ's acceleration of the hearing schedule and conversion to an individual hearing without a master calendar hearing violated Zhang's due process rights.
2. Whether the IJ abused its discretion in denying Zhang's motion for a continuance.

Disposition

vacated