Kedra v. Holder
An immigration judge can order a continuance, if a petitioner establishes "good cause," pursuant to 8 Code of Federal Regulations §1003.29. Petitioner Artur Kedra, a citizen of Poland, requested a continuance. Hartford Immigration Judge Philip Verrillo denied the request for a continuance and ordered the petitioner's removal. The Board of Immigration Appeals affirmed. "Continuances," wrote the 2nd Circuit, "are not ordinarily granted based solely on a pending labor certification in the absence of additional persuasive factors." An alien who is present in the United States and who allegedly violates the terms of a nonimmigrant visa is not eligible for adjustment of status, pursuant to 8 United States Code §1255(c)(8). Immigration Judge Verrillo did not abuse his discretion when he denied a continuance, because Kedra was not eligible for adjustment of status.