Matter of L-A-B-R- et al., Respondents

Summary

Puts in place much more stringent definitions and limitations for an IJ to grant continuances. While Matter of A-K-R- concerns specifically continuances at the beginning of proceedings for respondents to seek legal counsel, L-A-B-R- et al covers a number of different, but common, scenarios wherein cases could get 'bogged down', from a certain point of view.

Holding

(1) An immigration judge may grant a motion for a continuance of removal proceedings only “for good cause shown.” 8 C.F.R. § 1003.29.

(2) The good-cause standard is a substantive requirement that limits the discretion of immigration judges and prohibits them from granting continuances for any reason or no reason at all.

(3) The good-cause standard requires consideration and balancing of multiple relevant factors when a respondent alien requests a continuance to pursue collateral relief from another authority—for example, a visa from the Department of Homeland Security. See Matter of Hashmi, 24 I&N Dec. 785, 790 (BIA 2009).

(4) When a respondent requests a continuance to pursue collateral relief, the immigration judge must consider primarily the likelihood that the collateral relief will be granted and will materially affect the outcome of the removal proceedings.

(5) The immigration judge should also consider relevant secondary factors, which may include the respondent's diligence in seeking collateral relief, DHS's position on the motion for continuance, concerns of administrative efficiency, the length of the continuance requested, the number of hearings held and continuances granted previously, and the timing of the continuance motion.

Notes

This authority specifically targets collateral relief, in other words, 'I have an application pending before USCIS, so could you please delay my removal in order for me to be able to have that adjudicated?' The contexts for this are multitudinous, but one that may be high-profile is that of Special Immigrant Juvenile Status, or SIJS, applications, which generally concern UACs: Unaccompanied Children, minors who cross the border without being in the presence of their parent or legal guardian. To be clear, this authority would limit those children from having access to protection against deportation while awaiting their SIJS petition's adjudication. Given this impact, subsequent appeal or litigation is likely. See also Matter of A-K-R-.