Courts of appeals have petition for review jurisdiction to review an Immigration Judges denial of a continuance in removal proceedings. Abu-Khaliel v. Gonzales, 436 F.3d 627 (6th Cir. 2006)(court of appeals has petition for review jurisdiction over question of error in denying continuance in removal proceedings); Subhan v. Ashcroft, 383 F.3d 591 (7th Cir. 2004) (court of appeals has jurisdiction to review denial of continuance; unapproved labor certification alone does not provide a sufficient basis for denying a continuance); Zafar v. Attorney General, 461 F.3d 1357 (11th Cir. 2006) (where the labor certification was not approved and the applicant had not yet filed the visa petition, the Eleventh Circuit found that the IJ did not err by denying the continuance); Merchant v. Attorney General, 461 F.3d 1375 (11th Cir. 2006)(IJ erred by not granting a continuance to a person with an approved labor certification who had filed his visa petition and adjustment application with DHS and a visa number was immediately available); but see Onyinkwa v. Ashcroft, 376 F.3d 797 (8th Cir. 2004); Yerkovich v. Ashcroft, 381 F. 3d 990 (10th Cir. 2004). See generally AILF Practice Advisory, Federal Court Jurisdiction Over Discretionary Decisions After REAL ID: Mandamus, Other Affirmative Suits and Petitions for Review (April 5, 2006) available at http://www.ailf.org/lac/lac_pa_chrono.shtml.