People v. Taibi

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that an immigrant who has a prima facie approvable visa petition and application for adjustment of status may not be able to show good cause for a continuance if visa availability is too remote
• noting that even “[a] respondent who has a prima facie approvable 1-140 and adjustment application may not be able to show good cause for a continuance because visa availability is too remote.”
• listing factors to be considered when the alien seeks a continuance to await an employment-based administrative adjudication
• stating that an alien may lack good cause for a continuance based on a pending labor certification in the absence of additional persuasive factors such as the demonstrated likelihood of its imminent adjudication or DHS support for the motion
• encouraging administrative closure in “appropriate circumstances, such as where there is a pending prima facie approvable visa petition”
• adopting the Hashmi test when reviewing a motion to continue during a pending 1-140 petition

Source: CourtListener parenthetical corpus (CC0).