United States Fifth Circuit

In a petition for review of the BIA's decision to deny Petitioner a continuance pending adjudication of his wife's visa petition, the petition is granted where an Immigration Judge abuses their discretion by denying a motion to continue solely based on concerns of timing when a nonfrivolous prima facie approvable I-130 petition is pending.

Appellate Information

• Decided 06/11/2009
• Published 06/11/2009

Judges

• PRADO, Circuit Judge:, Before JOLLY, PRADO and SOUTHWICK, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Scott Eric Bratton (argued), Margaret Wong & Associates, Cleveland, OH, for Wu.


• For Appellees:
  
• Joseph D. Hardy (argued), Thomas Ward Hussey, Director, U.S. Dept. of Justice, OIL, Washington, DC, Guadalupe R. Gonzales, Imm. & Customs Enforcement, Chief Counsel's Office, El Paso, TX, for Respondent.