Toure v. Barr

Federal 7th Circuit Court
Civil Court
Aliens
Citation
Case Number: 
No.18-3634
Decision Date: 
June 7, 2019
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Holding: 
Petition denied

IJ did not err in denying alien’s request for continuance of removal hearing so that alien could pursue second I-751 petition to remove condition of alien’s marriage to U.S. citizen with respect to his permanent resident status and to avoid his removal. Alien made continuance request on day of removal hearing, even though IJ had required that any continuance request be made at least 15 days prior to said hearing, and alien had waited over 2.5 years after his divorce from wife to file I-751 application. Also, alien’s hope that USCIS would grant his I-751 petition was speculative, where USCIS had repeatedly found in first I-751 joint petition that alien’s marriage had been sham. Fact that govt. had consented to alien’s continuance request did not require that IJ grant said request.