Giri v. Lynch

IJ did not err in denying defendant’s request for continuance of his removal proceeding so as to allow him ability to submit required fingerprints and paperwork to support his I-751 petition to remove conditions of his permanent residence based on claim of having bona fide marriage to U.S. citizen, under circumstances where: (1) United States Citizenship and Immigration Services had previously terminated his conditional permanent residence status upon finding that alien’s marriage was entered into for purpose of remaining in U.S.; and (2) alien had over 1.5-year period to obtain fingerprints and file required paperwork. IJ’s explanation for denying continuance was rational and did not either depart from established policies or rest on impermissible basis. Also, IJ did not err in finding alien removable upon denial of alien’s continuance motion, where: (1) alien had previously conceded to fact that his status as conditional permanent resident had been terminated and that he was not U.S. citizen; and (2) said concessions effectively waived any objection to finding of removability.