06-2441 Potdar v. Mukasey

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Immigration
Continuances

Where the BIA denied a motion for a continuance without a basis in the record, the matter must be remanded.

"The basis of Mr. Potdar's continuation request before the BIA was to allow time for adjudication of his legalization and other applications then pending with the Department of Homeland Security. See A.R. at 20. If, therefore, Mr. Potdar's applications all have been considered and rejected, it would appear that our involvement in the case is at an end. However, the Government neither has provided us with the documentation substantiating its assertion, nor has it provided us with authority supporting an appellate court's use of judicial notice in a similar situation. Consequently, we believe the best course is to remand the matter to the BIA. The BIA is in a better position to evaluate the subsequent administrative actions, to determine whether Mr. Potdar's applications for substantive relief have been considered and denied and, in the first instance, to determine the appropriate disposition of this administrative proceeding if those applications have been denied."

Reversed and Remanded.

06-2441 Potdar v. Mukasey

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

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