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Keywords

jurisdictionattorneyappealtestimonymotionasylumcredibility

jurisdictionappealmotionasylum

Related Cases

Sanusi v. Gonzales

Facts

Sanusi originally applied for asylum and for withholding of removal under sections 208(a) and 241(b)(3) of the Immigration and Nationality Act of 1952. The IJ denied Sanusi's application for asylum and for withholding of removal on March 23, 1998, and ordered him removed. After reopening the case for review of his CAT claim, the IJ denied relief based on adverse credibility findings, including inconsistencies in Sanusi's testimony and failure to produce supporting documents.

Sanusi originally applied for asylum and for withholding of removal under sections 208(a) and 241(b)(3) of the Immigration and Nationality Act of 1952 ('INA'), as amended, 8 U.S.C. 1158(a), 1231(b)(3). The IJ denied Sanusi's application for asylum and for withholding of removal under the INA on March 23, 1998 and ordered Sanusi removed.

Issue

Whether the Court of Appeals possesses jurisdiction to review the decision of an immigration judge to deny a motion for a continuance filed during an immigration proceeding.

Whether a Court of Appeals possesses jurisdiction to review the decision of an immigration judge to deny a motion for a continuance filed during an immigration proceeding.

Rule

The INA allows a court considering a final order of removal to review all questions of law and fact, including interpretation and application of constitutional and statutory provisions, arising from any action taken or proceeding brought to remove an alien. The decision to grant or deny a continuance in an immigration proceeding is not specified under the relevant subchapter to be in the discretion of the Attorney General.

The INA allows a court considering a final order of removal pursuant to 8 U.S.C. 1252 to review 'all questions of law and fact, including interpretation and application of constitutional and statutory provisions, arising from any action taken or proceeding brought to remove an alien.'

Analysis

The court held that it could review the IJ's denial of a continuance for abuse of discretion. The IJ had granted two prior continuances and found that Sanusi's request for a third was not justified, as he failed to provide the promised medical evidence. The court found that the IJ's adverse credibility determination was supported by substantial evidence, including inconsistencies in Sanusi's testimony and lack of supporting documentation.

The IJ granted two continuances, and nothing in the record suggests that his decision to deny a third request after months of delay was an abuse of discretion, notwithstanding Sanusi's contention that further evidence would be forthcoming.

Conclusion

The court denied the petition for review, affirming the IJ's decision to deny the continuance and the CAT claim.

We conclude that Sanusi's arguments are without merit and, accordingly, we deny the petition for review.

Who won?

The government prevailed in the case because the court found that the IJ did not abuse his discretion in denying the continuance and that the adverse credibility determination was supported by substantial evidence.

The court denied the petition for review, affirming the IJ's decision to deny the continuance and the CAT claim.

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