IJ did not err in denying alien’s request to continue hearing on his application to adjust his status to become lawful permanent resident (and thus avoid removal), where alien sought said continuance in order to challenge 2009 finding by USCIS that alien had engaged in marriage fraud. Alien’s visa petition was not prima facie approvable given prior finding of marriage fraud, and alien conceded that likelihood that USCIS would agree to entertain appeal more than 6 years late was “nil.” Also, alien failed to demonstrate that he took any action to contest fraud bar prior to instant removal hearing. Moreover, IJ’s refusal to hold contested hearing on fraud finding did not deprive alien of any due process right, where alien had no protected liberty interest in obtaining discretionary adjustment of status that would have prevented him from removal.
Federal 7th Circuit Court
Civil Court
Immigration