Souley v. Holder

IJ did not abuse his discretion in denying alien’s request to continue his removal proceedings to give his U.S. citizen wife more time to file second I-130 visa petition on alien’s behalf. Alien failed to establish good cause for said continuance where: (1) original denial of I-130 visa petition was based on finding that wife had not established that her marriage to alien was bona fide and entered into in good faith; (2) at time of continuance request, second I-130 visa petition, although tendered to IJ, had not been filed, even though 10 months had elapsed from denial of original I-130 visa petition; and (3) second I-130 visa petition failed to contain any new evidence to support existence of valid marriage.