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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.
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