27 Aug 2019

CA9 on Continuance, Good Cause: Pleitez-Lopez v. Barr

Pleitez-Lopez v. Barr

"Petitioner Luis Pleitez-Lopez seeks review of the Board of Immigration Appeals’ decision affirming the immigration judge’s (“IJ”) denial of a continuance for Petitioner to update his fingerprints with the Department of Homeland Security (“DHS”). Petitioner did not update his fingerprints because his lawyer advised him, incorrectly, that he was not required to do so. He contends that his reliance on his lawyer’s advice was reasonable and constituted “good cause” to grant a continuance under 8 C.F.R. § 1003.29. We agree and grant the petition."