Masih v. Mukasey, ___ F.3d ___, 2008 WL 2747462 (5th Cir. Jul. 16, 2008) (IJ and BIA abused discretion by denying motion for continuance where noncitizen eligible for adjustment of status was unable to adjust only because visas had become unavailable after application; BIA and IJ failed to consider OI 245.4(a)(6) in their rulings despite the regulation's applicability; and the BIA ignored precedent set in Matter of Ho).

jurisdiction: 
Fifth Circuit

 

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