Hasmi v. Mukasey, __ F.3d __ (3d Cir. Jul. 7, 2008) ("Petitioner Ajmal Hussain Shah Hashmis removal proceedings were adjourned on multiple occasions while he awaited adjudication of his pending I-130 application (a claim for residency based on his marriage to a United States citizen). After eighteen months had elapsed, the Immigration Judge (IJ) denied a further continuance - despite the governments consent - because the case had been pending far longer than the eight-month period suggested by the case-completion goals set by the Department of Justice (DOJ) for this type of case. In our view, the IJs denial of a motion for a continuance based on case- completion goals rather than on the facts and circumstances of Hashmis case was arbitrary and an abuse of discretion.").

jurisdiction: 
Third Circuit

 

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