good cause for a continuance in immigration proceedings

The immigration judge may grant a motion for continuance for good cause shown, provided that nothing in this section shall authorize a continuance that causes the adjudication of an asylum application to exceed 180 days in the absence of exceptional circumstances, consistent with section 208(d)(5)(A)(iii) of the Act and § 1003.10(b). § 1003.29, an immigration judge "may grant a motion for continuance for good cause shown." The "[a]judication of a motion to continue [in order to pursue adjustment of status premised on a pending family-based visa petition] should begin with the presumption . 12, 2010) (Immigration Judge did not abuse discretion in denying continuance where petitioners failed to timely file applications for relief and biometrics and did not have good cause for delay). o Potential visa availability that is "too remote" does not establish good cause for a continuance. An immigration judge has the authority to continue removal proceedings for "good cause" under 8 C.F.R. Judgement Given in Immigration Case of Cezareo Sanchez ... 85, No. PDF United States Department of Justice Executive Office for ... Immigration Law. Prior precedent recognized that the government's delay in adjudicating collateral relief should not prejudice the immigrant in requesting more time. Immigration Judges have broad discretionary authority over continuances based on the regulations, which state that an "Immigration Judge may grant a motion for continuance for good cause shown." 8 C.F.R. 1208.7(a)(2) provides that delays requested or caused by the asylum applicant are not counted as part . 19-0410 Dear Ms. Reid, Undersigned counsel Sample Motion to Terminate Removal Proceedings (or in the1 Aug 2017 Sample Motion to Substitute Counsel. DOCX ORDER - ASISTA Immigration Assistance 1003.29. For example, if your unrepresented ex hires a new lawyer, he might request a continuance to allow the lawyer time to get up to speed in the case or because the attorney is unavailable at the original scheduled time. 4910-2020 (November 27, 2020) and urges that the proposed rule be withdrawn. The proposed changes would prevent a significant number of respondents in removal proceedings from . An Immigration Judge ("IJ") has broad discretionary authority in determining whether an alien has demonstrated . (Mar 08, 2021) The Immigration Court Practice Manual outlines standard deadlines For example, if your client chooses not to pursue a particular form of legal in assessing a motion for continuance to accommodate a collateral matter"). §§ 1003.29 and 1240.6. This will provide the date and location of their removal hearing. The first thing you will need to request a continuance is a valid reason. In February 2008, the Executive Office of Immigration Review (the branch of the Department of Justice which overseas the Immigration Court) released its own practice manual on Immigration Court Proceedings. at 406 ("I hold that an immigration judge should assess whether good cause supports such a continuance by applying a multifactor analysis, which requires that the immigration judge's principal focus be on the likelihood that the collateral relief will be granted and will materially affect the outcome of the removal proceedings.") CILA began operations in Houston, Texas in late 2015. Unlike the asylum interview, removal proceedings are adversarial, with an attorney from Immigration and Customs Enforcement (ICE) (most often) fighting against relief for the applicant. CILA serves nonprofit, pro bono, and private sector legal advocates who work with children in immigration-related proceedings. Oct. 23 . As an organization devoted to serving unaccompanied children pursuing immigration relief in the United States, KIND believes the proposed changes to the standards for defining . opportunity to adjudicate the Form I-130, Petition for Alien Relative, that continuances in immigration court proceedings are granted only Good Cause for a Continuance in Immigration ; Motions for a Continuance; Practice Advisory Seeking Continuances in Immigration Court in the Strategy Considerations When Responding to Scheduling Orders in Motions for a Continuance; Practice Advisory Seeking Continuances in Immigration Court in the §1003.29, An Immigration Judge May Grant A Continuance of Removal Proceedings Only "For Good Cause Shown," A Substantive Requirement That Limits The Discretion Of Immigration Judges And Prohibits The Granting Of Continuances For Any Reason Or No Reason At All; It Requires Consideration And Balancing Of Multiple Relevant Factors When A Respondent . 2007) (same). . DOS-2020-0041; RIN 1400-AE95: Visas: Temporary Visitors for Business or Pleasure (85 Fed. Circumstances that may indicate good cause include: (1) The unavailability of an essential lay or expert witness because of death, illness, or other excusable circumstances; (2) The unavailability of a party because of death, illness, or other excusable circumstances; (3) The . However, the Attorney General reinterprets the "good cause" requirement and places a heavier burden on immigrants to justify the need for a continuance. A continuance is warranted because undersigned counsel was retained on November 6, 2014, and Respondents' case was consolidated only on December 22, 2014. . He argues that the remaining two fac-tors—whether the U visa application was prima facie approvable and "the reason for the continuance and other procedural fac- Under this provision, it is evident that the grant or denial . If an alien requests a continuance, and the request is granted, the continuance may "delay adjudication of [his or her] asylum application[] past the 180-day deadline. Have a Good Reason. Good Cause. While you should try to attend the scheduled hearing on the NTA, sometimes a foreign national will need to ask for a continuance to reschedule it. Good Cause. An attorney may withdraw from representing a party only upon written motion for good cause shown. See Matter of Perez - Andrade, 19 I&N Dec. 433 (BIA 1987); Matter of Interiano -Rosa, 25 I&N Dec. 264, 265 (BIA 2010). When noncitizens in such situations have requested a continuance to wait for their eligibility for adjustment, the IJs have adopted varying standards for granting or rejecting continuance. Lawyers typically seek continuances because they want more time to prepare for trial. § 1240.6 (2017) (authorizing an Immigration Judge to "grant a reasonable adjournment either at his or her own instance or, for good cause shown, upon application"). § 1003.29 (2017); see also id. § 1003.29.That regulation states: "The Immigration Judge may grant a motion for continuance for good cause . The Attorney General's decision examines the use of continuances by setting forth when an immigration judge would have "good cause" to grant continuances. Common reasons . They can file a motion for a continuance with the immigration . Mar. a motion for continuance for good cause shown." 8 C.F.R. An Immigration Judge is authorized to "grant a motion for continuance for good cause shown." 8 C.F.R. Id. 229 / Friday, November 27, 2020 "The Department of Justice ("Department" or "DOJ") is proposing to define "good cause," in the context of continuances, adjournments, and postponements, in its immigration regulations. Mukasey, 507 F.3d 1044, 1048 (6th Cir. You will be required to explain your reason in your request. Cause for a Continuance in Immigration Proceedings, EOIR Docket No. 02-2021 4410-30-P 2020-25931 Notice of proposed rulemaking. American Gateways opposes the Notice of Proposed Rulemaking regarding Good Cause for a Continuance in Immigration Proceedings, published by the DOJ on November 27, 2020. Since 1979 . Dec. 807 (BIA 2012), for analyzing good cause for a continuance, the IJ focused solely on one factor—the fact that the government opposed the continuance. Furthermore, in determining whether good cause exists for a continuance in removal proceedings to await the adjudication of a pending employment-based visa petition or labor certification, an "Immigration Judge should first determine the alien's place in the adjustment of status process and then consider and balance" the factors identified in Matter of Hashmi and any other relevant . (2) The good-cause standard is a substantive requirement that limits the discretion of immigration judges and prohibits them from granting continuances for any reason or no reason at all. Executive Office for Immigration Review 5107 Leesburg Pike, Suite 2616, Falls Church, VA 22041 RE: Opposing Proposed Rule on Good Cause for a Continuance in Immigration Proceedings (November 27, 2020) RIN 1125-AB03; EOIR Docket No. (We are assuming that the reason you can't attend has to do with scheduling, not location. Instead he instructs that immigration judges may grant a continuance only for "good cause" by evaluating (1) the likelihood that the collateral relief (such as a petition or other application) will be granted, and (2) if that relief is granted, will it materially affect the outcome of the removal proceedings. The decision holds that the two principal factors in deciding if good cause has been shown in the context of pursuing "collateral matters" are " (1) the likelihood that the alien will receive the collateral relief, and (2) whether the relief will materially affect the outcome of the removal proceedings." Id. An Immigration Judge is authorized to "grant a motion for continuance for good cause shown." 8 C.F.R. (1) An immigration judge may grant a motion for a continuance of removal proceedings only "for good cause shown." 8 C.F.R. EOIR proposes regulations to better define "good cause" and when it may apply to postponement, continuance, or adjournment. If, however, you have moved to a different part of the U.S., it might be possible to . CLINIC has drafted a template comment to assist you to respond to EOIR's proposed rule, "Good Cause for a Continuance in Immigration Proceedings." The template comment provides you with language you can use to draft your own comments in opposition of this proposed rule. It also referred to 8 CFR § 1003.29, which provides that an IJ may grant a motion for continuance for good cause shown. The court concluded that the IJ was well within his discretion in denying the petitioners' continuance motion and their requests for relief from removal as well. 1003.29. The comments are on Docket No. A continuance or adjournment is a docket-management tool that an Immigration Judge (IJ . Immigration authorities will send a Notice to Appear to a foreign national who has been placed in removal proceedings. § 1003.29 (2012); see also Matter of Rajah, 25 I&N Dec. 127, 129-30 (BIA 2009); 8 C.F.R. Through our work, we hope to ensure more immigrant youth are . Depending upon the stage of the proceedings, what constitutes a good cause differs. Reg. OVERVIEW - CONTINUANCE Malik v. Mukasey, 546 F.3d 890 (7th Cir. When a respondent requests a continuance to pursue collateral relief, the immigration judge must consider primarily the likelihood that the collateral relief will be granted and will materially affect the outcome of the removal proceedings. for a continuance because the respondent is ineligible for any relief from removal in these proceedings. , 27 I&N Dec. 405, 406, 418 (A.G. 2018) ( addressing "application of the good-cause standard to a motion for continuance to accommodate collateral proceedings" and making clear that in requests for continuances "good cause does not exist if the alien's visa priority date is too remote to raise the prospect of An Immigration Judge is authorized to "grant a motion for continuance for good cause shown." 8 C.F.R. 19-0410; RIN 1125-AB03: Good Cause for a Continuance in Immigration Proceedings (85 Fed. However, there was no regulatory standard for considering motions for continuances in exclusion proceedings. In addition, EOIR should revise Policy Memorandum 1931 on the - use of status dockets, and footnote 7 of the 2018 memorandum on Case Priorities, to make clear that a status case includes . The ILRC is a national non-profit organization that works to advance immigrant rights through advocacy, educational materials, and legal trainings. 75925 (November 27, 2020) (Proposed Rule). § 1003.29. §§ 1003.29, 1240.6. § 1003.29, see also 8 C.F.R. . Instead he instructs that immigration judges may grant a continuance only for "good cause" by evaluating (1) the likelihood that the collateral relief (such as a petition or other application) will be granted, and (2) if that relief is granted, will it materially affect the outcome of the removal proceedings. §1003.29, see also Matter of L-A-B-R-, I&N Dec. 405 (A.G. 2018), and whether to seek, oppose or join in a motion for dismissal of proceedings pursuant to 8 C.F.R. § 1003.29 (2012); See also Matter of Rajah, 25 I&N Dec. 127, 129-30 (BIA 2009); 8 C.F.R. But, the AG wants to better define "good cause." Under current law, the BIA has stated that the courts should grant continuances when there is a family-based immigration petition pending with USCIS. Click to Download Resource. §1003.29 an Immigration Judge may grant a reasonable continuance for good cause shown. Attorney General Holds That, Per 8 C.F.R. This same "good cause" requirement exists today for removal proceedings and was the main point at issue in Matter of L-A-B-R-. a continuance that meets the good cause standard "gives judges sufficient discretion to pause proceedings in individual cases while also preventing undue delays."14 In many instances where administrative closure may have been the preferred course, continuances will now be the only option. (2) The good-cause standard is a substantive requirement that limits the discretion of immigration judges and prohibits them from granting continuances for any reason or no reason at all. In another moved intended to reduce the backlog facing the immigration courts, Attorney General Jeff Sessions issued a decision on August 16, 2018, in Matter of L-A-B-R-, in which he established bright-line rules for immigration judges to follow in considering continuances under 8 C.F.R. Our mission is to champion the dignity and . at 413. at 355-56. 8 C.F.R. Oct 29, 2021 An immigration judge "may grant a motion for continuance for good cause shown. The memo should be rescinded and replaced with one that ensures cases are adjudicated on their merits. If the respondent is going to establish good cause for a continuance, and impose upon the system the resulting burdens of such a delay, it is hardly too much to ask to have him substantiate that good cause would require such a result. RIN 1125-AB03 Good Cause for a Continuance in Immigration Proceedings; Federal Register Vol. at 406 ("I hold that an immigration judge should assess whether good cause supports such a continuance by applying a multifactor analysis, which requires that the immigration judge's principal focus be on the likelihood that the collateral relief will be granted and will materially affect the outcome of the removal proceedings.") 8 C.F.R. Review's (EOIR) proposed rule titled Good Cause for a Continuance in Immigration Proceedings (the "Proposed Rule "), published on November 27, 2020, in a Notice of Proposed Rulemaking (NPRM), 85 Fed. This reason could be scheduling conflicts or the inability to acquire necessary documents before the assigned date. III.SUMMARY OF THE FACTS The Attorney General (AG) has referred the captioned decision by the Board of Immigration Appeals (BIA) to himself for review of the . See. Now, the Attorney General urges Immigration Judges to view every continuance request . (2) The goodcause standard is a substantive requirement that- limits the discretion of immigration judges and prohibits them from granting continuances for any reason or no reason at all. Tahirih opposes the rule as a matter of public policy, and because it violates due process and numerous laws, including the Immigration & Nationality Act (INA . §1239.2(c). (Sep 30, 2021) Continuance to Await USCIS Adjudication of a Pending Form I-360 immigration court, rather than with USCIS, unless DHS files a motion to Proceedings.pdf Removal 2020 have a secure form of relief available, it is best to wait until after you have An Immigration Judge may grant a motion for a continuance in an immigration. § 1003.29 (2012); see also Matter of Rajah, 25 I&N Dec. 127, 129-30 (BIA 2009); 8 C.F.R. [85 FR 81750, Dec. 16, 2020] In these cases, Immigration Judges granted continuances to provide time for respondents to seek . American Gateways opposes all aspects of the Proposed Rule that would erode the due process… Keep Reading → Posted in Asylum, Immigrants in Detention, Immigration News. An "Immigration Judge may grant a motion for continuance for good cause shown." Matter of Cezareo SANCHEZ SOSA, et al., Respondents , 25 I&N Dec. 807 (BIA 2012); 8 C.F.R. training, court management . Daniel M. Kowalski 25 Nov 2020 eoir . The Immigration Judge (IJ) has wide discretion to grant or deny such a motion, and you take additional risks by rescheduling a hearing. Jun 28, 2021 An immigration judge "may grant a motion for continuance for good cause shown. The Department of Justice (``Department'' or ``DOJ'') is proposing to define ``good cause,'' in the context of . Among the changes of the proposed rule: "Good cause" is defined to require a demonstration of "a particular and justifiable need" for a continuance. opportunity to adjudicate the Form I-130, Petition for Alien Relative, that continuances in immigration court proceedings are granted only Good Cause for a Continuance in Immigration ; Motions for a Continuance; Practice Advisory Seeking Continuances in Immigration Court in the (1) An immigration judge may grant a motion for a continuance of removal proceedings only "for good cause shown." 8 C.F.R. § 1240.6 (2017) (authorizing an Immigration Judge to "grant a reasonable adjournment either at his or her own instance or, for good cause shown, upon application"). 75,925 (Nov. 27, 2020). Matter of L-A-B-R-, 27 I&N Dec. at 418 ("good cause does not exist if the alien's visa priority date is too remote to raise the prospect of adjustment of status above the speculative level . denying his request for a continuance pending the appeal of the denial of his I-130 petition. The ICE attorneys "retain authority to handle pending cases on EOIR's (the immigration court) docket by deciding whether to agree to a continuance for "good cause shown" under 8 C.F.R. You must establish good cause if you need to reschedule your asylum interview prior to the date of your interview, on the date of the interview, or within 45 days after the interview date, or if your interview has already been rescheduled on one or more occasion. AMERICAN GATEWAYS: Comments on Notice of Proposed . 19-0410 / Dir. While good cause is not defined in the regulations, the Board has identified factors to be . See Matter of L-A-B-R-, 27 I&N Dec.405,415-417 (A.G. 2018) (stating that good cause for a continuance does not exist where the potential collateral relief sought will not materially affect the outcome of removal proceedings). by the Executive Office for Immigration Review, Good Cause for Continuance in Immigration Proceedings; RIN 1125-AB03; EOIR Docket No. Pursuant to 8 C.F.R. I. In February 2008, the Executive Office of Immigration Review (the branch of the Department of Justice which overseas the Immigration Court) released its own practice manual on Immigration Court Proceedings. 2020.2 See EOIR, Good Cause for a Continuance in Immigration Proceedings, 85 Fed. The procedure for this is to file legal paperwork called a motion for a continuance. 66,878-888); DHS Docket No. Reg. Social Share. § 1003.29. The proposed changes severely restrict the circumstances in which respondents can obtain continuances in removal proceedings, as well as the number and length of continuances. provides that if ICE does not oppose a continuance, then proceedings ordinarily should be continued by the immigration judge, "absent unusual, clearly identified, and supported reasons for not doing so."31 It further provides that "government opposition that is reasonable and supported by the record is a significant consideration while unsupported opposition doesn't carry much weight."32 Reg. § 1240.6 (2012). § 1240.6 (2012) (stating that an Immigration Judge may grant a reasonable adjournment at his or . 8 C.F.R. Continuances are only granted for a good cause. the attorney general stated that " [t]he good-cause standard [for continuances] requires consideration and balancing of all relevant factors in assessing a motion for continuance to accommodate a collateral matter" and noted that such an approach "comports with both the ina and the prevailing treatment of good-cause standards, and has received … This determination is in accord with the record, which indicates that the I-130 petition was denied due to numerous . Id. § 1003.29. administrative closure in immigration proceedings.12 Previously, . email; facebook . American Gateways provides much needed legal representation for indigent immigrants in Central Texas. Share this page. 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