Matter of RAJAH, 25 I&N Dec. 127 (BIA 2009)
November 13, 2009 by Thomas Esparza
Filed under Attorneys
(1) In determining whether good cause exists to continue removal proceedings to await the adjudication of a pending employment-based visa petition or labor certification, an Immigration Judge should determine the alien’s place in the adjustment of status process and consider the applicable factors identified in Matter of Hashmi, 24 I&N Dec. 785 (BIA 2009), and any other relevant considerations.
(2) An alien’s unopposed motion to continue ongoing removal proceedings to await the adjudication of a pending employment-based visa petition should generally be granted if approval of the visa petition would render him prima facie eligible for adjustment
of status.
(3) The pendency of a labor certification is generally not sufficient to warrant a grant of a continuance.
