https://www.justice.gov/eoir/page/file/1045661/download
Cite as 27 I&N Dec. 245 (A.G. 2018) Interim Decision #3921
Matter of L-A-B-R- et al., Respondents
Decided by Attorney General March 22, 2018
U.S. Department of Justice Office of the Attorney General
The Attorney General referred the decisions of the Board of Immigration Appeals to himself for review of issues relating to when there is “good cause” to grant a continuance for a collateral matter to be adjudicated, ordering that the cases be stayed during the pendency of his review.
BEFORE THE ATTORNEY GENERAL
Pursuant to 8 C.F.R. § 1003.l (h)(1)(i) (2017), I direct the Board of Immigration Appeals to refer these cases to me for review of its decisions. The Board’s decisions in these matters are automatically stayed pending my review. See Matter of Haddam, A.G. Order No. 2380-2001 (Jan. 19, 2001). To assist in my review, I invite the parties to these proceedings and interested amici to submit briefs on points relevant to the disposition of these cases, including the following question:
An Immigration Judge is authorized to “grant a motion for continuance for good cause shown.” 8 C.F.R. § 1003.29 (2017); see also id. § 1240.6 (2017) (authorizing an Immigration Judge to “grant a reasonable adjournment either at his or her own instance or, for good cause shown, upon application”). In these cases, Immigration Judges granted continuances to provide time for respondents to seek adjudications of collateral matters from other authorities. Under what circumstances does “good cause” exist for an Immigration Judge to grant a continuance for a collateral matter to be adjudicated?
The parties’ briefs shall not exceed 15,000 words and shall be filed on or before April 17, 2018. Interested amici may submit briefs not exceeding 9,000 words on or before April 24, 2018. The parties may submit reply briefs not exceeding 6,000 words on or before May 2, 2018. All filings shall be accompanied by proof of service and shall be submitted electronically to AGCertification@usdoj.gov, and in triplicate to:
United States Department of Justice Office of the Attorney General, Room 5114 950 Pennsylvania Avenue, NW Washington, DC 20530
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Cite as 27 I&N Dec. 245 (A.G. 2018) Interim Decision #3921
All briefs must be both submitted electronically and postmarked on or before the pertinent deadlines. Requests for extensions are disfavored.
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Bad news for truth, justice, and the American way!
PWS
03-22-18
i wish i could see the underlying decision….what will this mean for pending motions to continue…must they be stayed if the request a continuance in order for a collateral agency to make a decision? what would you do with such a motion under this decision if you were the IJ?
Thanks, Marie.
I routinely granted motions for continuances for USCIS processing; then, after the BIA decided Matter of Avetisyan, I was able to “administratively close” most such cases, the overwhelming number on joint motion of the parties or with the concurrence of DHS Chief Counsel in Arlington who understood the need to get such cases off our court’s active docket.
Almost all of those cases ultimately were granted relief by USCIS; the cases were then “re-calendared and terminated” by joint motion of the parties, which I could efficiently adjudicate “in chambers” without taking “in court” time.
Sessions is taking the parts of the Immigration Court system that actually work and promote fairness and efficiency and systematically dismantling them in a way which will create both court backlogs and unfairness. That’s why we need an Article 1 Immigration Court.
I haven’t seen the underlying decision. Has anyone?
Best,
PWS
Sounds like another job for the “Gang of 14”!
Yes, for sure, Carol!!! Thanks SO MUCH for your expertise and unwavering commitment to the cause of Due Process and justice in America!
And, the “New Due Process Army” is “on it” also! My last two appearances at the FBA Conference in New York and the AILA
South Florida Conference in Miami (with Judge Lory Rosenberg) reached over 800 “live” registrants, some already in the NDPA and others eager to join.
These folks are REALLY SMART, REALLY COMMITTED LAWYERS whose voices WILL BE HEARD, now and for many years to come. They ultimately will run circles around Trump, Sessions, Miller, Neilsen, Homan and the rest of the restrictionists who are out to destroy and undermine the REAL America!
DUE PROCESS FOREVER! THE WAR TO PRESERVE AMERICAN DEMOCRACY AND DIVERSITY IS JUST BEGINNING. BUT, WE WILL PREVAIL IN THE END!
PWS
03-24-18