United States Sixth Circuit
Kwak v. Holder, 09-3681
Petition for review a decision of the BIA affirming an IJ's denial of a Korean citizen's application for a continuance of proceedings and entering an order of removal is denied where: 1) the BIA's conclusion that the IJ did not abuse its discretion in denying the continuance was consistent with prior jurisprudence; 2) the BIA did not abuse its discretion in denying the request for continuance despite the pendency of petitioner's I-601; 3) BIA did not abuse its discretion by considering the number and length of the continuances granted throughout petitioner's exclusion proceedings; and 4) BIA did not abuse its discretion in relying, in part, on the DHS's opposition to a continuance.
Appellate Information
- Decided 06/16/2010
- Published 06/16/2010
Judges
- Before KEITH, COLE, and GIBBONS, Circuit Judges.
Court
- United States Sixth Circuit
Counsel
- For Appellees:
- ON BRIEF:Scott Bratton, Margaret Wong & Associates Co., LPA, Cleveland, Ohio, for Petitioner. Jesse L. Busen, United States Department of Justice, Washington, D.C., for Respondent.