United States Second Circuit

An IJ has broad discretion, in the management of his docket, to enforce deadlines established by local rules, and to deviate from the local rules where: 1) petitioner has demonstrated good cause for the delay; and 2) substantial prejudice would likely result from the enforcement of the deadline. Further, abuse of discretion is the proper standard to apply in reviewing an IJ's decision to establish and enforce filing deadlines for submission of documents.

Appellate Information

• Decided 05/08/2008
• Published 05/08/2008

Judges

• JOSÉ A. CABRANES, Circuit Judge:, Before:  CABRANES, POOLER, and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• William H. Berger, Berger & Berger, Buffalo, NY, for Petitioner.


• For Appellees:
  
• Gail Y. Mitchell, Assistant United States Attorney (Terrance P. Flynn, United States Attorney, of Counsel), Office of the United States Attorney for the Western District of New York, Buffalo, NY, for Respondent.