Florida/Georgia Personal Injury & Workers Compensation

...III. DISCUSSION Pursuant to the immigration regulations, an Immigration Judge (“IJ”) “may grant a continuance ‘for good cause shown.’” Chacku v. U.S. Att’y Gen., 555 F.3d 1281, 1285 (11th Cir. 2008) (quoting 8 C.F.R. § 1003.29)....

...when they denied Merchant’s request for a continuance. The grant or denial of a continuance is matter of discretion. Bull v. INS, 790 F.2d 869, 869 (11th Cir. 1986). The immigration regulations provide that the IJ may grant a continuance “for good cause shown.” 8 C.F.R. §1003.29. Merchant’s request for a continuance was based on his having already obtained an approved labor certification and having already filed the Forms I-140 (petition for visa) and I-485 (for adjustment of status) with the DHS (or IN...

...In his reply brief, he notes that his case is similar to, and should be governed by, our recent decision in Merchant v. U.S. Att’y Gen., 461 F.3d 1375 (11th Cir. 2006). An IJ has discretion to grant a continuance in an immigration proceeding “for good cause shown.” 8 C.F.R. § 1003.29....

...In a written decision, which was drafted and dated months prior to that hearing on September 25, 2003, the IJ denied Ghulamani’s request for a continuance, finding, after oral arguments on the motion, that there was not the requisite good cause for continuance as provided in 8 C.F.R. § 1003.29 ....

...Petitioners contend, however,- that an IJ’s .authority to grant a continuance is not directly found “under this -subchapter,” which is “SubchapteR II” of chapter 12, Title 8, entitled “Aliens and Nationality,” but instead is found in 8 C.F.R. § 1003.29 , a federal regulation implemented by the Attorney General....

...led “Aliens and Nationality.” See generally 8 U.S.C., ch. 12 (entitled, “Immigration and Nationality”). Instead, the authority of an IJ to grant a motion for continuance is derived solely from regulations promulgated by the INS. See 8 C.F.R. § 1003.29 (stating that “[t]he Immigration Judge may grant a motion for continuance for good cause shown”)....

...The government does not cite, nor have we identified, any expressed authority stating the IJ’s authority to continue a removal proceeding is “specified under” subchapter II. Instead, the parties seem to be in agreement that this “discretion” is administratively-determined and proscribed to the IJs via 8 C.F.R. § 1003.29 , a federal regulation implemented by the Attorney General....

...Here, the BIA issued its own decision, affirming the IJ’s denial of Chacku’s request for a continuance; thus, we review the BIA’s decision. The immigration regulations provide that the IJ may grant a continuance “for good cause shown.” 8 C.F.R. § 1003.29....

...In a written decision, which was drafted and dated months prior to that hearing on September 25, 2003, the immigration judge denied Ghula-mani’s request for a continuance, finding, after oral arguments on the motion, that there was not the requisite good cause for continuance as provided in 8 C.F.R. § 1003.29 ....

...Petitioners contend, however, that an immigration judge’s authority to grant a continuance is not directly found “under this subchapter,” which is “SubohapteR II” of chapter 12, Title 8, entitled “Aliens and Nationality,” but instead is found in 8 C.F.R. § 1003.29 , a federal regulation implemented by the Attorney General....

...d Nationality.” See generally, 8 U.S.C., ch. 12 (entitled, “Immigration and Nationality”). Instead, the authority of an immigration judge to grant a motion for continuance is derived solely from regulations promulgated by the INS. See 8 C.F.R. § 1003.29 (stating that “[t]he immigration judge may grant a motion for continuance for good cause shown”)....

...udge’s authority to continue a removal proceeding is “specified under” sub-chapter II. Instead, the parties seem to be in agreement that this “discretion” is administratively-determined and proscribed to the immigration judges via 8 C.F.R. § 1003.29 , a federal regulation implemented by the Attorney General....

...In a written decision, which was drafted and dated months prior to that hearing on September 25, 2003, the immigration judge denied Ghulamani’s request for a continuance, finding, after oral arguments on the motion, that there was not the requisite good cause for continuance as provided in 8 C.F.R. § 1003.29....

...Petitioners contend, however, that an immigration judge’s authority to grant a continuance is not directly found “under this subchapter,” which is “S UBCHAPTER II” of chapter 12, Title 8, entitled “Aliens and Nationality,” but instead is found in 8 C.F.R. § 1003.29, a federal regulation implemented by the Attorney General. Therefore, they argue, § 1252(a)(2)(B)(ii) does not prevent this Court from having jurisdiction to review their petitions. We have jurisdiction to review an immigration judge’s decision to deny a motion to continue a removal hearing....

...Nationality.” See generally, 8 U.S.C., ch. 12 (entitled, “Immigration and Nationality”). Instead, the authority of an immigration judge to grant a motion for continuance is derived solely from regulations promulgated by the INS. See 8 C.F.R. § 1003.29 (stating that “[t]he immigration judge may grant a motion for continuance for good cause shown”). The phrase “specified under this subchapter” refers to subchapter II of Chapter 12, 8 U.S.C....

...ge’s authority to continue a removal proceeding is “specified under” subchapter II. Instead, the parties seem to be in agreement that this “discretion” is administratively-determined and proscribed to the immigration judges via 8 C.F.R. § 1003.29, a federal regulation implemented by the Attorney General....

...Here, the BIA issued its own decision, affirming the IJ’s denial of Chacku’s request for a continuance; thus, we review the BIA’s decision. The immigration regulations provide that the IJ may grant a continuance “for good cause shown.” 8 C.F.R. § 1003.29....

continuance for good cause shown[.]” 8 C.F.R. § 1003.29. The BIA has held that, to assess whether

...us.” Garcia-Mir v. Smith, 766 F.2d 1478, 1490 (11th Cir. 1985) (quotation omitted). The grant of a continuance is within the IJ’s broad discretion, and the immigration regulations provide that an IJ may grant one if good cause is shown. 8 C.F.R. § 1003.29 ; Zafar v....

...In a written decision, which was drafted and dated months prior to that hearing on September 25, 2003, the IJ denied Ghulamani’s request for a continuance, finding, after oral arguments on the motion, that there was not the requisite good cause for continuance as provided in 8 C.F.R. § 1003.29....

...Petitioners contend, however, that an IJ’s authority to grant a continuance is not directly found “under this subchapter,” which is “S UBCHAPTER II” of chapter 12, Title 8, entitled “Aliens and Nationality,” but instead is found in 8 C.F.R. § 1003.29, a federal regulation implemented by the Attorney General....

...chapter 12, Title 8, entitled “Aliens and Nationality.” See generally 8 U.S.C., ch. 12 (entitled, “Immigration and Nationality”). Instead, the authority of an IJ to grant a motion for continuance is derived solely from regulations promulgated by the INS. See 8 C.F.R. § 1003.29 (stating that “[t]he Immigration Judge may grant a motion for continuance for good cause shown”). The phrase “specified under this subchapter” refers to subchapter II of Chapter 12, 8 U.S.C....

...The government does not cite, nor have we identified, any expressed authority stating the IJ’s authority to continue a removal proceeding is “specified under” subchapter II. Instead, the parties seem to be in agreement that this “discretion” is administratively-determined and proscribed to the IJs via 8 C.F.R. § 1003.29, a federal regulation implemented by the Attorney General....