United States Seventh Circuit

Petition for review of denials of petitioner's application for adjustment of status and motion for termination of proceedings or a continuance is granted where: 1) appellate jurisdiction existed to consider petitioner's submission regarding the denial of his request for a continuance; and 2) the BIA abused its discretion by failing to articulate a reason consistent with the adjustment-of-status statute for declining to remand petitioner's case to the IJ with instructions to continue the proceedings so that petitioner could pursue his adjustment application.

Appellate Information

• Argued 05/30/2008
• Decided 07/25/2008
• Published 07/25/2008

Judges

• RIPPLE, Circuit Judge., Before BAUER, RIPPLE and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Timothy E. Wichmer (argued), Bernhardt & Wichmer, St. Louis, MO, for Petitioner.


• For Appellees:
  
• Jeffrey L. Menkin (argued), Department of Justice Tax Division, Appellate Section, Ada E. Bosque, Department of Justice Civil Division, Immigration Litigation, Washington, DC, for Respondent.