Immigration – Removal; continuances

Listen to this article

U.S. Court of Appeals For the Seventh Circuit

Civil

Immigration – Removal; continuances

It was not an abuse of discretion for the ALJ to refuse a last-minute request for a continuance so that an alien being deported for entering a sham marriage could have his ex-wife testify.

“In immigration court, Bouras sought a discretionary waiver available to aliens who can show that they entered in good faith a failed marriage with a U.S. citizen. Bouras testified at the final removal hearing, but neither his ex-wife nor any other witness appeared at the hearing to testify about the marriage. At the end of the hearing, Bouras sought a continuance so that his ex-wife could testify as well. The immigration judge denied that request, saying that no ‘extenuating circumstances’ justified a continuance. The judge then found that Bouras was not eligible for the discretionary waiver because he had not established the marriage had been in good faith. The Board of Immigration Appeals up-held that decision, including the denial of a continuance. The Board endorsed the judge’s explanation and added its own reasons for concluding that Bouras’s request for a continuance was properly denied. Bouras has petitioned for review. He does not challenge the judge’s and the Board’s finding that he failed to prove his case. He argues only that he should have been granted a continuance so that his ex-wife could testify on his behalf. We deny the petition. The denial of Bouras’s last-minute request for a continuance was not an abuse of discretion.”

Petition Denied.

14-2179 Bouras v. Holder

On Petition for Review of an Order of the Board of Immigration Appeals, Hamilton, J.

Full Text