Matter of L-A-B-R- et al., Respondents (agency decision, March 22, 2018)

Plain-English summary

The Attorney General referred several Board decisions for review of when an Immigration Judge has good cause to grant a continuance for a collateral matter to be adjudicated. The referred cases involved continuances that gave respondents time to seek decisions from other authorities. The referral stayed the Board’s decisions while the review was pending. The order invited briefing on the circumstances that establish good cause and set deadlines for party, amicus, and reply briefs.

Decision snapshot

• Cited authorities: 8 C.F.R. §§ 1003.1(h)(1)(i), 1003.29, and 1240.6
• Outcome: The Attorney General referred the Board’s decisions for review and stayed them pending review.
• Key point: The referral asks when a collateral matter provides good cause for an Immigration Judge to continue a case.

Full text (BIA official public release)

Cite as 27 I&N Dec. 245 (A.G. 2018) Interim Decision #3921

              Matter of L-A-B-R- et al., Respondents
             Decided by Attorney General March 22, 2018

                       U.S. Department of Justice
                      Office of the Attorney General

The Attorney General referred the decisions of the Board of Immigration Appeals to himself for review of issues relating to when there is “good cause” to grant a continuance for a collateral matter to be adjudicated, ordering that the cases be stayed during the pendency of his review.

              BEFORE THE ATTORNEY GENERAL
Pursuant to 8 C.F.R. § 1003.l (h)(1)(i) (2017), I direct the Board of

Immigration Appeals to refer these cases to me for review of its decisions. The Board’s decisions in these matters are automatically stayed pending my review. See Matter of Haddam, A.G. Order No. 2380-2001 (Jan. 19, 2001). To assist in my review, I invite the parties to these proceedings and interested amici to submit briefs on points relevant to the disposition of these cases, including the following question:

    An Immigration Judge is authorized to “grant a motion for continuance for good
  cause shown.” 8 C.F.R. § 1003.29 (2017); see also id. § 1240.6 (2017) (authorizing
  an Immigration Judge to “grant a reasonable adjournment either at his or her own
  instance or, for good cause shown, upon application”). In these cases, Immigration
  Judges granted continuances to provide time for respondents to seek adjudications
  of collateral matters from other authorities. Under what circumstances does “good
  cause” exist for an Immigration Judge to grant a continuance for a collateral matter
  to be adjudicated?

The parties’ briefs shall not exceed 15,000 words and shall be filed on or before April 17, 2018. Interested amici may submit briefs not exceeding 9,000 words on or before April 24, 2018. The parties may submit reply briefs not exceeding 6,000 words on or before May 2, 2018. All filings shall be accompanied by proof of service and shall be submitted electronically to [email protected], and in triplicate to:

                   United States Department of Justice
               Office of the Attorney General, Room 5114
                     950 Pennsylvania Avenue, NW
                          Washington, DC 20530


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Cite as 27 I&N Dec. 245 (A.G. 2018) Interim Decision #3921

All briefs must be both submitted electronically and postmarked on or before the pertinent deadlines. Requests for extensions are disfavored.

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