Abajlal v. Gonzales
Opinion of the Court
SUMMARY ORDER
Petitioner Mohamed Abajlal, a native and citizen of Morocco, seeks review of an order of the BIA affirming an order of Immigration Judge (“IJ”) Michael W. Straus that, in pertinent part, denied petitioner’s motion for a continuance to pursue an 1-130 visa petition filed by his United States citizen wife and thereafter apply for adjustment of status under section 245 of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1255. In re Abajlal, No. A 74 915 902 (B.I.A. June 13, 2006), aff'g No. 74 915 902 (Immig. Ct. Hartford Dec. 3, 2004). We assume the parties’ familiarity with the underlying facts and procedural history of the case.
We review the denial of a continuance “under a highly deferential standard of abuse of discretion.” Morgan v. Gonzales, 445 F.3d 549, 551 (2d Cir. 2006). Based on our assessment of the parties’ submissions, the applicable case law, and the record on appeal, we conclude that the decision of the IJ, as elaborated by the BIA, did not “rest[ ] on an error of law (such as application of the wrong legal principle) or a clearly erroneous factual finding” and was not outside “the range of permissible decisions.” Id. at 551-52 (quoting Zervos v. Verizon New York, Inc., 252 F.3d 163, 169 (2d Cir. 2001)) (internal quotation marks omitted).
Petitioner’s contention, raised for the first time before this Court, that neither he nor his former United States citizen wife ever received from the Immigration and Naturalization Service a notice of intent to deny an earlier 1-130 visa petition for failure to prove a bona fide marriage lacks any support in the record. Therefore, the BIA’s conclusion that the 1-130
We have considered all of petitioner’s arguments and conclude that they are without merit. For the foregoing reasons, the petition for review is DENIED.
Reference
- Full Case Name
- Mohamed ABAJLAL v. Alberto R. GONZALES, Attorney General of the United States, Ethan Enzer, Officer in Charge, U.S. Citizenship & Immigration Services
- Status
- Published