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United States Eighth Circuit

Hernandez v. Holder, 08-2455

In a petition for rehearing of the Eighth Circuit's prior decision holding that the court lacked jurisdiction to review petitioner's challenge to BIA's denial of his request for continuance, the petition is denied where: 1) because an Immigration Judge's discretion to deny a request for a continuance arose from a regulation, 8 C.F.R. section 1003.29, the court possessed jurisdiction to consider the denial of petitioner's motion for continuance under Kucana; but 2) there was no abuse of discretion in the BIA's determination that petitioner had not met the good cause-standard where, in light of the uncertainty as to when the long-pending repapering regulation would be promulgated, he was essentially seeking an indefinite continuance.

Appellate Information

  • Submitted 06/04/2010
  • Decided 06/04/2010
  • Published 06/04/2010


  • SHEPHERD, Circuit Judge., Before MURPHY, MELLOY, and SHEPHERD, Circuit Judges.


  • United States Eighth Circuit


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