Malilia v. Holder, No. 05-77387, Agency No. A029-554-456 (Feb. 3, 2011)
On February 3, 2011, the Ninth Circuit Court of Appeals remanded a case to the Immigration Judge to reconsider his request for a continuance to pursue a marriage-based I-130 visa petition.
In this case, Malilia had pled guilty to delivering a package containing firearms, in violation of 18 U.S.C. Sec. 922(e). The Ninth Circuit held that because Malilia had been convicted of a deportable offense, it did not have jurisdiction to consider Malilia's challenges to the removal order claim that he was not convicted of a deportable offense. However, the Ninth Circuit held that the IJ abused its discretion by denying Malilia's motion to continue removal proceedings. The Ninth Circuit held that the IJ could delay proceedings, even for a long or indefinite period, if the immigrant meets the burden of showing good cause for the continuance.
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