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hearingmotionasylum
hearingmotionasylum

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Lendo v. Gonzales

Facts

The alien was admitted to the U.S. as a non-immigrant visitor for six months. After he remained in the U.S. beyond this time, removal proceedings were commenced. The alien conceded his removability, but obtained a continuance to file an asylum application. The IJ stated that she would not continue the removal proceedings to await decision on a pending labor certification application filed by the alien's wife. At the next hearing, the alien informed the IJ that he would not be filing an asylum application, and the IJ denied his motion for another continuance.

The alien was admitted to the U.S. as a non-immigrant visitor for six months. After he remained in the U.S. beyond this time, removal proceedings were commenced. The alien conceded his removability, but obtained a continuance to file an asylum application. The IJ stated that she would not continue the removal proceedings to await decision on a pending labor certification application filed by the alien's wife. At the next hearing, the alien informed the IJ that he would not be filing an asylum application, and the IJ denied his motion for another continuance.

Issue

Whether the immigration judge (IJ) abused her discretion in denying Lendo's request for a further continuance to await a decision on his wife's labor certification application.

Whether the immigration judge (IJ) abused her discretion in denying Lendo's request for a further continuance to await a decision on his wife's labor certification application.

Rule

An IJ may grant a motion for continuance for good cause shown, and the decision to grant or deny such a motion is within the sound discretion of the IJ and is reviewed for abuse of discretion only.

An IJ may grant a motion for continuance for good cause shown, and the decision to grant or deny such a motion is within the sound discretion of the IJ and is reviewed for abuse of discretion only.

Analysis

The court found that the IJ did not abuse her discretion in refusing to continue Lendo's removal proceedings indefinitely to await a decision on his wife's labor certification application. Lendo had conceded that he was removable and was not eligible for adjustment of status when he sought a continuance. The IJ noted that Lendo's wife's labor certification application had been pending for almost three years, and it was not an abuse of discretion to refuse an open-ended continuance based on the mere possibility that the application would eventually be approved.

The court found that the IJ did not abuse her discretion in refusing to continue Lendo's removal proceedings indefinitely to await a decision on his wife's labor certification application. Lendo had conceded that he was removable and was not eligible for adjustment of status when he sought a continuance. The IJ noted that Lendo's wife's labor certification application had been pending for almost three years, and it was not an abuse of discretion to refuse an open-ended continuance based on the mere possibility that the application would eventually be approved.

Conclusion

The court denied Lendo's petition for review, concluding that the IJ did not abuse her discretion in denying the motion for a further continuance.

The court denied Lendo's petition for review, concluding that the IJ did not abuse her discretion in denying the motion for a further continuance.

Who won?

The government prevailed in the case because the court upheld the IJ's decision, finding no abuse of discretion in denying the continuance.

The government prevailed in the case because the court upheld the IJ's decision, finding no abuse of discretion in denying the continuance.

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