United States Second Circuit

In an immigration matter in which petitioner sought to review denial by Board of Immigration Appeals (BIA) to terminate immigration proceedings, to suppress evidence gathered through the National Security Entry-Exit Registration Program, and to grant a continuance on behalf of petitioner, petition for review is granted and BIA's order is vacated where: 1) court could not adequately consider whether the agency abused its discretion in denying petitioner's request for a continuance in the absence of standards that reflect various situations of those seeking such continuances; and thus 2) case is remanded to the BIA for an explication of the standards applicable in such cases.

Appellate Information

• Decided 09/24/2008
• Published 09/24/2008

Judges

Court

• United States Second Circuit

Counsel