· 12/5/2011
Ricardo Calma v. Eric Holder, Jr.
Citations
- 663 F.3d 868
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that IJ did not abuse discretion by taking into account “speculative nature of [petitioner’s] hopes for later adjustment” based on pending 1-130 visa petition
- explaining that it was not abuse of discretion for IJ to deny continuance based on petitioner’s speculation that he would prevail on later adjustment of status
- explaining that a continuance decision will be upheld “unless it was made without a rational explanation, inexplicably departed from established policies, or rested on an impermissible basis”
- “sound reason” existed for denying continuance when adjustment of status was speculative and, if successful, would occur far into the future
- judicial review of procedural ruling ancillary to Board's denial of underlying claim for discretionary relief is foreclosed only when rationale for procedural ruling establishes petitioner's inability to prevail on underlying claim
Source: CourtListener parenthetical corpus (CC0).
Judges: Posner, Rovner, Wood
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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