Flores v. Holder, ___ F.3d ___, 2015 WL 795212 (2d Cir. Feb. 26, 2015) (BIA abused discretion in denying motion to continue by failing to consider factors articulated in Matter of Hashmi: neither the IJ nor the BIA assessed whether Flores's wife's I"130 Petition was prima facie approvable, but instead considered the petition had actually been approved); citing Matter of Hashmi, 24 I. & N. Dec. 785, 790 (BIA 2009) (the following factors must be considered in determining whether good cause exists to continue proceedings to await CIS's adjudication of a pending family-based visa petition: (1) the [government's] response to the motion; (2) whether the underlying visa petition is prima facie approvable; (3) the [movant]'s statutory eligibility for adjustment of status; (4) whether the ... application for adjustment merits a favorable exercise of discretion; and (5) the reason for the continuance and other procedural factors.); see Rajah v. Mukasey, 544 F.3d 449, 453 (2d Cir.2008) (observing that agency abuses its discretion in denying motion to continue where its decision rests on an error of law (internal quotation marks omitted)).

 

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