Waiting for a Priority Date but in Removal Proceedings? Hashmi not


Many people are placed in removal proceedings but are waiting for adjudication of a petition or an adjudication from United States Citizenship and Immigration Services (USCIS) or simply for a family or employment based priority date to become current.  At times Immigration Judges become impatient and order people removed or goad them into taking voluntary departure.

Remember the Board of Immigration Appeals (BIA) has addressed this issue on more than a few occasions.  In Matter of Matter of Hashmi, 24 I. & N. Dec. 785 (BIA 2009), the Board stated an Immigration Judge (IJ) should consider when a continuance is requested in Immigration Court proceedings (deportation court):

(1) the DHS response to the motion; (2) whether the underlying visa petition is prima facie approvable; (3) the respondent’s statutory eligibility for adjustment of status; (4) whether the respondent’s application for adjustment merits a favorable exercise of discretion; and (5) the reason for the continuance and other procedural factors. 

Ricky Malik, Esq.

Immigration Attorney