CA4 on Abuse of Discretion, Continuances: Garcia Cabrera v. Garland

Garcia Cabrera v. Garland

"This petition arises out of an immigration judge’s (IJ) refusal (affirmed by the Board of Immigration Appeals (BIA)) to continue the deportation proceedings of a movant that the IJ himself recognized was likely to obtain a U visa from the United States Citizenship and Immigration Services (USCIS). For the reasons that follow, we hold that the BIA and IJ abused their discretion in denying the motion for a continuance, vacate the BIA’s order, and remand the case to the BIA for further proceedings consistent with this opinion."

[Hats off to Melody Busey and Mark Devine!  Here is a link to the audio recording of the oral argument.]