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Category Archives: Motion for Continuance
CA7 upholds IJ denial of continuance to challenge marriage fraud finding and denial of adjustment of status
In 2009, the United States Citizenship and Immigration Services (USCIS) determined that Cadavedo, a native of the Philippines, had engaged in marriage fraud. During an interview, Cadavedo’s wife had admitted that Cadavedo had promised to pay her to marry him … Continue reading
CA7 denies Motion to Continue hearing for witness to testify in support of good faith marriage waiver
Bouras, a citizen of Algeria, entered the U.S. in 1997 as a nonimmigrant business visitor and overstayed his visa. In 2006, while living in Chicago, he married Schreiner, who lived in Ohio. He was granted conditional permanent resident status based … Continue reading
CA7 finds abuse of discretion in denial of Continuance pending adjudication of I-130
Denial of a continuance on the basis of a non-reason is an abuse of discretion. Yang v. Holder, Court of Appeals, 7th Circuit 2014 Yang, a citizen of China, entered the U.S. in 1998, as a tourist. In 2000, he … Continue reading
CA7 Upholds Denial of Continuance for Petitioner with Multiple Traffic Violations
The court held that there was enough evidence before the IJ and BIA to conclude that petitioner lacked the good moral character necessary for cancellation, and that the outcome of the latest criminal proceeding was immaterial. Bd. did not err … Continue reading
CA7 Finds No Jurisdiction to Review Denial of Continuance
Moral, a citizen of Ecuador, was admitted to the U.S. in 1988 as an immigrant. The U.S. Department of Homeland Security began removal proceedings in 2011 because of his multiple criminal convictions, including unlawful use of a weapon and sexual … Continue reading