• U.S. Court of Appeals for the 2nd Circuit
  • 12-216
  • Jan 17 2014 (Date Decided)

A visa petition that has been denied is not prima facie approvable. The petitioner, a citizen of Colombia, requested a continuation of his deportation proceeding. The petitioner allegedly requested a fifth continuance, to permit his American wife to pursue her appeal from the denial of a visa petition filed on behalf of the petitioner. Hartford Immigration Judge Philip Verrillo found that the American wife’s visa petition was not prima facie approvable, because it had been denied. The petitioner was not eligible to adjust his status, because the visa petition was not approved. Judge Verrillo denied the petitioner’s request, and the Board of Immigration Appeals affirmed. The petitioner appealed to the 2nd Circuit and observed that eventually the dismissal of his American wife’s visa petition appeal was vacated. The 2nd Circuit reviewed for abuse of discretion and denied the petition for review. "Notwithstanding [the petitioner’s] assertions to the contrary," wrote the 2nd Circuit, "the agency did not abuse its discretion in denying a fifth continuance to allow his U.S.-citizen wife to pursue her appeal from the denial of her visa petition filed on the petitioner’s behalf." Kevin Dehghani represented the petitioner. Stuart Delery, Allen Hausman and Margaret O’Donnell represented the government.