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Board of Immigration Appeals Remands Case Where Immigration Judge Failed to Consider All Relevant Circumstances in Alien’s Case, Did Not Grant Continuance

Board of Immigration Appeals Remands Case Where Immigration Judge Failed to Consider All Relevant Circumstances in Alien’s Case, Did Not Grant Continuance In the unpublished decision in the case of Salvadoran Jose Santos Gomez-Amaya, t he Board decided, on appeal, that Immigration Judge did not appropriately consider the alien’s lack of English skills and lack of legal representation when denying a request for a continuance. The Board also noted that the judge should have considered the alien’s detained status and unfamiliarity in the immigration system.

The Board found that good cause for a continuance existed and opted to give Mr. Gomez-Amaya a second chance. I’m glad to see that immigration adjudicators are working within the law to actually help people and promote fairness. A simple continuance for a detained immigrant can be extremely important to preparing their case and assuring they have their day in court.

You can read the decision here

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