Merchant v. US Atty Gen., 461 F.3d 1375 (11th Cir. Aug. 25, 2006) (IJ erred in denying motion for continuance where applicant for adjustment of status had met and fulfilled all requirements to adjust status under INA 245(i), but the USCIS had yet to approve the visa, since 8 C.F.R. 245.10(b)(2) requires only that noncitizen be eligible for visa; court contrasted this case from situation where noncitizen had not yet fulfilled all requirements) http://caselaw.lp.findlaw.com/data2/circs/11th/0513086p.pdf

jurisdiction: 
Eleventh Circuit

 

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