RAJAH

Citations

• 25 I. & N. Dec. 127

Syllabus

RAJAH, 25 I&N Dec. 127 (BIA 2009) ID 3662 (PDF) (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.