United States Second Circuit

Denial of petitioner's request for a continuance while his employer's application for a labor certification was pending is vacated and remanded for the BIA to consider antecedent questions regarding petitioner's eligibility for adjustment of status.

Appellate Information

• Decided 08/23/2007
• Published 08/23/2007

Judges

• FEINBERG, Circuit Judge:, Before:  FEINBERG, CALABRESI, and WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Larisa Tenberg (Christina L. Harding, on the brief), Gallagher, Malloy & Georges, P.C., Philadelphia, PA, for Petitioner.


• For Appellees:
  
• Laura McMullen Ford, Special Assistant United States Attorney, (Gregory A. White, United States Attorney, on the brief), United States Attorney's Office for the Northern District of Ohio, for Respondent.