Dedji v. Mukasey, 525 F.3d 187 (2d Cir. 2008). · Go Syfert
Dedji v. Mukasey, 525 F.3d 187 (2d Cir. 2008). Cases Citing This Book View Copy Cite
“the ij failed to consider whether, in the particular circumstances presented, a departure from the local rules was warranted.”
164 citation events (164 in the last 25 years) across 5 distinct courts.
Strongest positive: Alcarez-Rodriguez v. Garland (ca9, 2023-12-28)
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Alcarez-Rodriguez v. Garland (2×) also: Cited as authority (rule)
9th Cir. · 2023 · signal: see · quote attribution · 1 verbatim quote · confidence high
the ij failed to consider whether, in the particular circumstances presented, a departure from the local rules was warranted.
discussed Cited as authority (verbatim quote) Esquivel-Garcia v. Garland
2d Cir. · 2022 · signal: see · quote attribution · 1 verbatim quote · confidence high
n ij has broad discretion to set and extend filing deadlines pursuant to 8 c.f.r. 1003.31 .
discussed Cited as authority (rule) David Camargo Gomez v. Attorney General United States of America
3rd Cir. · 2026 · confidence medium
If a document is untimely filed, the “opportunity to file [it] . . . shall be deemed waived,” unless the noncitizen demonstrates “good cause” for filing late “and a likelihood of substantial prejudice from enforcement of the deadline,” Dedji v. Mukasey, 525 F.3d 187, 191-92 (2d Cir. 2008) (citing 8 C.F.R. § 1003.31 (c)).
discussed Cited as authority (rule) Ullah v. Bondi
2d Cir. · 2025 · confidence medium
We review for abuse of discretion “an 2 IJ’s decision to establish and enforce filing deadlines for submission of 3 documents.” Dedji v. Mukasey, 525 F.3d 187, 191 (2d Cir. 2008). 4 “Considering the totality of the circumstances, and all relevant factors, a 5 trier of fact may base a credibility determination on the demeanor, candor, or 6 responsiveness of the applicant or witness, . . . the consistency between the 7 applicant’s or witness’s written and oral statements (whenever made and whether 8 or not under oath, and considering the circumstances under which the statements 9 wer…
discussed Cited as authority (rule) Ortega-Garcia v. Bondi
2d Cir. · 2025 · confidence medium
We review the agency’s 2 1 legal conclusions de novo, Y.C. v. Holder, 741 F.3d 324, 332 (2d Cir. 2013), and its 2 decisions to establish and enforce filing deadlines for abuse of discretion, Dedji v. 3 Mukasey, 525 F.3d 187, 191 (2d Cir. 2008). 4 The agency did not err in deeming Ortega-Garcia’s application for asylum, 5 withholding of removal, and CAT relief abandoned.
discussed Cited as authority (rule) Shuqiang Tian v. Bondi
2d Cir. · 2025 · confidence medium
We review the agency’s factual findings for substantial 7 evidence, reversing only if “any reasonable adjudicator would be compelled to 8 conclude to the contrary.” Dedji v. Mukasey, 525 F.3d 187, 191 (2d Cir. 2008) 9 (quoting 8 U.S.C. § 1252 (b)(4)(B)).
discussed Cited as authority (rule) Weng v. Garland
2d Cir. · 2025 · confidence medium
See 8 C.F.R. 4 § 1003.31(c) 1; Dedji v. Mukasey, 525 F.3d 187, 192 (2d Cir. 2008) (recognizing IJ’s discretionary authority to depart from filing deadlines set by local rules when the applicant “has demonstrated good cause for the failure to timely file documents and a likelihood of substantial prejudice from enforcement of the deadline”).
discussed Cited as authority (rule) Nieto-Gonzalez v. Garland (2×)
2d Cir. · 2023 · confidence medium
We assume the parties’ familiarity with the 18 underlying facts, procedural history, and issues on appeal. 19 We review “an IJ’s decision to establish and enforce filing deadlines for . . . 20 abuse of discretion,” Dedji v. Mukasey, 525 F.3d 187, 191 (2d Cir. 2008), and we 21 review constitutional claims de novo, Dale v. Barr, 967 F.3d 133 , 138 (2d Cir. 2020). 2 1 “An IJ’s decision constitutes error or an abuse of discretion when (1) his decision 2 rests on an error of law (such as application of the wrong legal principle) or a 3 clearly erroneous factual finding or (2) his decisi…
discussed Cited as authority (rule) Gutierrez-Cupido v. Barr
2d Cir. · 2020 · confidence medium
Here, we review both the IJ’s and the BIA’s opinions “for the sake of completeness.” Wangchuck v. Dep’t of Homeland Sec., 448 F.3d 524, 528 (2d Cir. 2006). “[A]n IJ has broad discretion to set and extend filing deadlines,” Dedji v. Mukasey, 525 F.3d 187, 191 (2d Cir. 2008), and when “an application or document is not filed within the time set by the [IJ], the opportunity to file that application or document shall be deemed waived,” 8 C.F.R. § 1003.31 (c).
discussed Cited as authority (rule) Ba v. Barr (2×) also: Cited "see"
2d Cir. · 2019 · confidence medium
“An IJ’s decision constitutes error or an 22 abuse of discretion when (1) his decision rests on an error 6 1 of law (such as application of the wrong legal principle) or 2 a clearly erroneous factual finding or (2) his decision . . 3 . cannot be located within the range of permissible 4 decisions.” Id. at 191-92 (internal quotation marks 5 omitted).
cited Cited as authority (rule) Zhang v. Barr
2d Cir. · 2019 · confidence medium
Dedji v. Mukasey, 525 F.3d 187, 191 (2d Cir. 2008).
cited Cited as authority (rule) Tiemogo v. Barr
2d Cir. · 2019 · confidence medium
The BIA abuses its discretion if it rests its decision on a “clearly 18 erroneous factual finding.” Dedji v. Mukasey, 525 F.3d 187, 191 (2d Cir. 2008).
discussed Cited as authority (rule) Xue v. Whitaker
2d Cir. · 2018 · confidence medium
The IJ was 16 not required to credit the letter from Xue’s wife because it 17 was authored by an interested witness who was not available 1 The IJ did not abuse his discretion in excluding the late-filed March 2016 photographs and letters because Xue’s explanation that one individual was traveling did not explain why he waited another six months to obtain a letter or file the other letter and photographs, particularly given the IJ’s explicit warning that late-filed evidence would be excluded. 8 C.F.R. § 1003.31 (c) (IJ has authority to set filing deadlines and exclude late evidence); De…
cited Cited as authority (rule) Rashid v. Sessions
2d Cir. · 2018 · confidence medium
See 8 C.F.R. § 1003.31 (c); Dedji v. Mukasey, 13 525 F.3d 187, 191-92 (2d Cir. 2008); Burger v. Gonzales, 498 14 F.3d 131, 134 (2d Cir. 2007).
discussed Cited as authority (rule) Brown v. Sessions (2×) also: Cited "see"
2d Cir. · 2018 · confidence medium
Dedji v. Mukasey, 525 F.3d 187, 191 (2d Cir. 2008).
cited Cited as authority (rule) MacAreno v. Sessions
2d Cir. · 2018 · confidence medium
Dedji v. Mukasey, 525 F.3d 187, 192 (2d Cir. 2008).
cited Cited as authority (rule) Lin v. Sessions
2d Cir. · 2018 · confidence medium
Dedji v. Mukasey, 525 F.3d 187, 191 (2d Cir. 2008).
cited Cited as authority (rule) Chengmin Yan v. Sessions
2d Cir. · 2017 · confidence medium
See 8 C.F.R. § 1003.31 (c); Dedji v. Mukasey, 525 F.3d 187, 191 (2d Cir. 2008).
discussed Cited as authority (rule) Singh v. Sessions (2×)
2d Cir. · 2017 · confidence medium
Evidentiary Ruling We review the agency’s enforcement of filing deadlines for the submission of evidence for abuse of discretion, see Dedji v. Mukasey, 525 F.3d 187, 191 (2d Cir. 2008), which we will identify only if the decision “rests on an error of law (such as application of the wrong legal principle) or a clearly erroneous factual finding” or otherwise “cannot be located within the range of permissible decisions,” id. at 191-92 (internal quotation marks omitted).
cited Cited as authority (rule) Chen Chong v. Lynch
2d Cir. · 2016 · confidence medium
Dedji v. Mukasey, 525 F.3d 187, 191 (2d Cir.2008).
cited Cited as authority (rule) Hanarasingha v. Lynch
2d Cir. · 2016 · confidence medium
Dedji v. Mukasey, 525 F.3d 187, 191 (2d Cir.2008).
discussed Cited as authority (rule) Ying Ying Huang v. Lynch
2d Cir. · 2016 · confidence medium
The applicable standards of review are well established. 8 U.S.C. § 1252 (b)(4)(B); Yanqin Weng v. Holder, 562 F.3d 510, 513 (2d Cir.2009); Dedji v. Mukasey, 525 F.3d 187, 191 (2d Cir.2008), Substantial evidence supports the agency’s determination that Huang failed to establish a well-founded fear of harm at the hand of smugglers in China.
discussed Cited as authority (rule) Changjian Chen v. Lynch (2×) also: Cited "see"
2d Cir. · 2015 · confidence medium
Dedji v. Mukasey, 525 F.3d 187, 191 (2d Cir.2008).
cited Cited as authority (rule) Viknesrajah v. Lynch
2d Cir. · 2015 · signal: cf. · confidence medium
Cf. Dedji v. Mukasey, 525 F.3d 187, 191-92 (2d Cir.2008).
discussed Cited as authority (rule) Sylvester Owino v. Eric Holder, Jr.
9th Cir. · 2014 · confidence medium
See 8 C.F.R. § 1003.29 ; Umezurike v. Holder, 610 F.3d 997, 1004 (7th Cir.2010); Tang v. United States Att’y Gen., 578 F.3d 1270, 1276 (11th Cir.2009); Dedji v. Mukasey, 525 F.3d 187, 191 (2d Cir.2008); Singh v. Gonzales, 495 F.3d 553 , 559 n. 2 (8th Cir.2007); Hassan v. Gonzales, 403 F.3d 429, 436 (6th Cir.2005). 1 In determining whether to exercise discretion to grant or deny a continuance, “the IJ-and, on appeal, the BIA-should consider factors including ‘(1) the nature of the evidence excluded as a result of the denial of the continuance, (2) the reasonableness of the immigrant’s …
discussed Cited as authority (rule) Poku v. Holder
2d Cir. · 2014 · confidence medium
Dedji v. Mukasey, 525 F.3d 187, 191 (2d Cir.2008); see also 8 C.F.R. § 1003.31 (a) (“All documents and applications that are to be considered in a proceeding before an Immigration Judge must be filed with the Immigration Court having administrative control over the Record of Proceedings.”); 8 C.F.R. § 1003.31 (c) (“The Immigration Judge may set and extend time limits for the filing of applications ....
discussed Cited as authority (rule) Pritam Taggar v. Eric Holder, Jr.
9th Cir. · 2013 · confidence medium
Dedji v. Mukasey, 525 F.3d 187, 191-92 (2d Cir.2008); Kueviakoe v. U.S. Att’y Gen., 567 F.3d 1301 , 1306 n. 3 (11th Cir.2009); Arel lano-Hernandez v. Holder, 564 F.3d 906, 911 (8th Cir.2009); Moreta v. Holder, 723 F.3d 31, 33-34 (1st Cir.2013); cf. Hassan v. Gonzales, 403 F.3d 429, 436 (6th Cir.2005).
discussed Cited as authority (rule) Moore v. Holder
2d Cir. · 2012 · confidence medium
Additionally, the IJ did not err in refusing to admit the untimely-filed copy of Moore’s daughter’s death certificate into evidence. “[A]n IJ has broad discretion to set and extend filing deadlines pursuant to 8 C.F.R. § 1003.31 .” Dedji v. Mukasey, 525 F.3d 187, 191 (2d Cir.2008).
discussed Cited as authority (rule) Carlos Loja v. Atty Gen USA (2×) also: Cited "see"
3rd Cir. · 2010 · signal: cf. · confidence medium
Cf. Dedji, 525 F.3d at 192-93 (finding abuse of discretion in IJ’s refusal to consider corroborative evidence, where the attorney’s failure to timely submit the documents was the result of a fire at her office).
discussed Cited as authority (rule) Loja v. Attorney General of the United States (2×) also: Cited "see"
3rd Cir. · 2010 · signal: cf. · confidence medium
Cf. Dedji, 525 F.3d at 192-93 (finding abuse of discretion in IJ’s refusal to consider corroborative evidence, where the attorney’s failure to timely submit the documents was the result of a fire at her office).
discussed Cited as authority (rule) Salvador Rodriguez-Ramos v. Eric H. Holder, Jr.
8th Cir. · 2010 · confidence medium
After careful review, see Arellano-Hernandez v. Holder, 564 F.3d 906, 910 (8th Cir.2009); Dedji v. Mukasey, 525 F.3d 187, 191-92 (2d Cir.2008), we conclude his challenge lacks merit, see 8 C.F.R. § 1003.47 (c)-(d).
cited Cited as authority (rule) Zarin v. Attorney General of the United States
3rd Cir. · 2010 · confidence medium
See Tang v. Att’y Gen., 578 F.3d 1270, 1276 (11th Cir.2009); Dedji v. Mukasey, 525 F.3d 187, 191 (2d Cir.2008).
cited Cited as authority (rule) Zarin v. Attorney General of the United States
3rd Cir. · 2010 · confidence medium
See Tang v. Att’y Gen., 578 F.3d 1270, 1276 (11th Cir.2009); Dedji v. Mukasey, 525 F.3d 187, 191 (2d Cir.2008).
discussed Cited as authority (rule) Ji-Can Shih v. Holder
2d Cir. · 2010 · signal: cf. · confidence medium
Cf. Dedji v. Mukasey, 525 F.3d 187, 192 (2d Cir.2008) (holding that “Us are accorded wide latitude in *295 calendar management,” and the Court “will not micromanage their scheduling decisions any more than when [it] review[s] such decisions by district judges”).
cited Cited as authority (rule) Jian Yuan Wang v. Holder
2d Cir. · 2009 · signal: cf. · confidence medium
Cf. Dedji v. Mukasey, 525 F.3d 187, 192-93 (2d Cir.2008).
cited Cited as authority (rule) Jian Yuan Wang v. Holder
2d Cir. · 2009 · signal: cf. · confidence medium
Cf. Dedji v. Mukasey, 525 F.3d 187, 192-93 (2d Cir.2008).
discussed Cited as authority (rule) Grenade v. Holder
2d Cir. · 2009 · confidence medium
An abuse of discretion exists when “(1) [a] decision rests on an error of law ... or a clearly erroneous factual finding or (2) [a] decision ... cannot be located within the range of permissible decisions.” Dedji v. Mukasey, 525 F.3d 187, 191-92 (2d Cir. 2008).
discussed Cited as authority (rule) Grenade v. Holder
2d Cir. · 2009 · confidence medium
An abuse of discretion exists when “(1) [a] decision rests on an error of law ... or a clearly erroneous factual finding or (2) [a] decision ... cannot be located within the range of permissible decisions.” Dedji v. Mukasey, 525 F.3d 187, 191-92 (2d Cir. 2008).
cited Cited as authority (rule) Yen Zhing Kher v. Holder
2d Cir. · 2009 · confidence medium
Dedji v. Mukasey, 525 F.3d 187, 191 (2d Cir.2008) (citing 8 C.F.R. § 1003.31 (c)).
cited Cited as authority (rule) Yen Zhing Kher v. Holder
2d Cir. · 2009 · confidence medium
Dedji v. Mukasey, 525 F.3d 187, 191 (2d Cir.2008) (citing 8 C.F.R. § 1003.31 (c)).
discussed Cited as authority (rule) Xiao Kui Lin v. Mukasey
2d Cir. · 2009 · confidence medium
We review factual findings for “substantial evidence,” and will not disturb them “unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252 (b)(4)(B); Dedji v. Mukasey, 525 F.3d 187, 191 (2d Cir.2008).
discussed Cited as authority (rule) Xiao Kui Lin v. Mukasey
2d Cir. · 2009 · confidence medium
We review factual findings for “substantial evidence,” and will not disturb them “unless 5 any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 6 1252(b)(4)(B); Dedji v. Mukasey, 525 F.3d 187, 191 (2d Cir. 2008).
examined Cited as authority (rule) Ping Weng v. Mukasey (3×) also: Cited "see"
2d Cir. · 2008 · confidence medium
An IJ abuses his discretion where “(1) his decision rests on an error of law (such as application of the wrong legal principle) or a clearly erroneous factual finding or (2) his decision — though not necessarily the product of a legal error or a clearly erroneous factual finding — cannot be located within the range of permissible decisions.” Id. at 191-92 (citations omitted).
discussed Cited as authority (rule) Chowdhury v. Mukasey (2×)
2d Cir. · 2008 · confidence medium
See Singh v. United States Dep’t of Justice, 461 F.3d 290, 293 (2d Cir.2006) (motion to remand); Dedji v. Mukasey, 525 F.3d 187, 191 (2d Cir.2008) (establishment and enforcement of filing deadlines).
discussed Cited "see" Caghuana-Caghuana v. Bondi
2d Cir. · 2025 · signal: see · confidence high
See Punin v. Garland, 108 F.4th 114, 124 (2d Cir. 3 2024) (“[W]hen an argument made to this Court cannot be closely matched up with 4 a specific argument made to the BIA, it has not been properly exhausted and we 5 cannot hear it.”). 6 As to Caghuana-Caghuana’s only exhausted argument—that the IJ abused 7 his discretion in denying her request to file evidence late—that decision was 8 squarely within the IJ’s discretionary authority. “[A]n IJ has broad discretion to 9 set and extend filing deadlines,” Dedji v. Mukasey, 525 F.3d 187, 191 (2d Cir. 2008), 10 and when “an applicat…
cited Cited "see" Soyza v. Garland
2d Cir. · 2023 · signal: see · confidence high
See Dedji v. Mukasey, 525 F.3d 187 , 191–92 (2d 11 Cir. 2008) (reviewing rejection of late-filed evidence for 12 abuse of discretion). 13 II.
discussed Cited "see" Jimenez-Shilon v. Garland
2d Cir. · 2022 · signal: see · confidence high
See Dedji v. Mukasey, 525 F.3d 187, 191 (2d Cir. 2008). 11 On appeal, Jimenez-Shilon argues primarily that the IJ erred by failing to 12 provide proper notice of the biometrics requirement and to warn him of the 13 consequences of his failure to comply with the requirement.
cited Cited "see" Pozotempan-Ahuejote v. Garland
2d Cir. · 2022 · signal: see · confidence high
See 3 Dedji v. Mukasey, 525 F.3d 187, 191 (2d Cir. 2008); Morgan v. 4 Gonzales, 445 F.3d 549 , 551–52 (2d Cir. 2006).
discussed Cited "see" Singh v. Garland (2×)
2d Cir. · 2022 · signal: see · confidence high
See Dedji v. Mukasey, 525 F.3d 187, 192 (2d Cir. 2008) (holding that “IJs are accorded wide latitude in calendar management” (citation omitted)).
discussed Cited "see" Hernandez Ojeda v. Garland (2×)
2d Cir. · 2022 · signal: see · confidence high
See Dedji v. Mukasey, 525 F.3d 187 , 3 191–92 (2d Cir. 2008) (reviewing IJ’s decision to set and 4 enforce deadlines for abuse of discretion).
Retrieving the full opinion text from the archive…
Koffi Sognide DEDJI, Petitioner,
v.
Michael B. MUKASEY, United States Attorney General, Respondent
Docket 05-5414-ag.
Court of Appeals for the Second Circuit.
May 8, 2008.
525 F.3d 187
William H. Berger, Berger & Berger, Buffalo, NY, for Petitioner., Gail Y. Mitchell, Assistant United States Attorney (Terrance P. Flynn, United States Attorney, of Counsel), Office of the United States Attorney for the Western District of New York, Buffalo, NY, for Respondent.
Cabranes, Pooler, Sack.
Cited by 119 opinions  |  Published
JOSÉ A. CABRANES, Circuit Judge:

Petitioner Koffi Sognide Dedji, a native and citizen of the People’s Republic of Togo, requests review of an order of the Board of Immigration Appeals (“BIA”) affirming without opinion the decision of the Immigration Judge (“IJ”). In re Dedji, A95 418 869 (B.I.A. Sept. 12, 2005), aff'g A95 418 869 (Imm. Ct. Buffalo May 13, 2005). Dedji concedes that he is removable but contends that he is eligible for asylum, pursuant to 8 U.S.C. §§ 1101(a)(42) (defining “refugee”) and 1158(b) (giving Attorney General discretion to grant certain refugees asylum); withholding of removal, pursuant to 8 U.S.C. § 1231(b); relief under the Convention Against Torture (“CAT”), Dec. 10, 1984, 1465 U.N.T.S. 85; see 8 C.F.R. § 208.18; or alternatively, voluntary departure. He maintains that the IJ erred in finding that he was not credible and declining to consider, on grounds of timeliness, the additional documentation Dedji submitted in support of his claims. We conclude that an IJ’s broad discretion to adopt and enforce deadlines includes the authority to deviate from the deadlines set out in the local rules where a petitioner has demonstrated good cause for the delay and substantial prejudice would likely result from the enforcement of the deadlines.

BACKGROUND

Dedji entered the United States on October 20, 2001 on a non-immigrant visa and was authorized to stay in the United States for three months. On May 9, 2002, the Immigration and Naturalization Ser[*189] vice served Dedji with a Notice to Appear that charged him with being subject to removal pursuant to 8 U.S.C. § 1227(a)(1)(B) [1] for having remained in the United States beyond the expiration of the three-month period.

A.

Dedji’s claims for relief are based on his allegations that he was persecuted by the Government of Togo on the basis of his political beliefs and activities. In his testimony before the IJ, he described the following relevant events.

In 1990, while he was still in high school, he was arrested, detained, and beaten after participating in a student protest against the government. Dedji claims that he was released only after promising not to participate in any further protests. He alleges that, as a result of the beatings, he suffered permanent damage to his eyes as well as ongoing headaches.

In 1997, while he was in law school, he was detained and severely mistreated based on his participation in meetings and demonstrations organized by the Union for the Force of Change (“UFC”), an opposition political party. After his release, he was treated for headaches and other injuries. Dedji further testified that shortly after his arrest one of the other students with whom he was arrested was found dead. In response to this news, he contends, he left Togo to stay in Ghana for two months, and thereafter returned to Togo to finish his studies at law school. He maintains that after he graduated from law school he was offered a job with the government but turned it down as a matter of principle.

Dedji obtained employment with a private company involved in radio and telecommunications, in connection with which he obtained a temporary visa to enter the United States. He claims that in September 2001, before he left Togo, he made a speech on his company’s radio station that included negative comments about the government’s failure to adequately fund youth sports. He asserts that the Minister of Communications gave a “threatening” speech in response and that employees of the radio station were arrested a few days later. After the arrests of the radio station employees, he maintains, he narrowly escaped arrest.

After this incident, Dedji asserts, he went to Ghana and returned to Togo after a few weeks in order to prepare for his business trip to the United States. He claims that, while he was in Ghana, his house was ransacked, and “officers and military people” hit his wife and kidnapped his ten-month-old son. He arrived in the United States on October 20, 2001. He also alleges that since he arrived in the United States his family in Togo has been continually harassed. For instance, he alleges that his father was arrested because of Dedji’s own work with an organization called Transparency International. According to Dedji, his father was told that Togo officials intended to issue an international warrant for Dedji’s arrest because of Dedji’s activities with Transparency International.

[*190] B.

In advance of a May 13, 2005 hearing before the IJ, Dedji submitted various documents in support of his application for relief. The documents included a purported notice of judicial inquiry into Dedji’s activities; a copy of an arrest warrant; a letter from the UFC attesting to Dedji’s involvement in the party; Dedji’s registration as a representative of the UFC; copies of purported doctors’ reports specifically mentioning that he had been shot, as well as imprisoned, and prescribing hospitalization; letters from his wife and his father recounting visits they received from the authorities regarding Dedji’s whereabouts; a copy of his law diploma; an attestation of his employment signed by the General Director of his company; and various country reports on Togo. The documents were accompanied by a letter from Dedji’s counsel acknowledging that, under the applicable local rules, the submissions were almost one week late. [2] The letter explained that Dedji had timely provided the documents to counsel and that the delay in submitting the documents was attributable to a fire in the attorney’s office.

At the hearing, Dedji testified in support of his claims. In the course of his testimony, Dedji’s counsel moved to admit the documents. The IJ acknowledged receiving the documents but refused to admit them on the basis that the submissions were untimely under the local rules, relying on Somlyo v. J. Lu-Rob Enterprises, Inc., 932 F.2d 1043, 1048 (2d Cir.1991) (observing, inter alia, that “[t]he boundaries of the Local Rules are drawn by federal statutory and constitutional law, not by whether the Local Rules impact on the claims and rights of the litigants”).

At the conclusion of the hearing, the IJ determined that Dedji had not provided evidence of any events that rose to the level of persecution. The IJ concluded that Dedji had not established that he had a well-founded fear of persecution because he had never attempted to leave Togo, or left only briefly, despite the many incidents of alleged persecution he recited. In addition, while not directly discounting Dedji’s account as not credible, the IJ expressed skepticism that Dedji could be a target of the Government while being permitted to complete his legal education at a public law school, offered a government job, and later given a visa for travel outside the country. The IJ also found that Dedji was not credible based on several omissions from his asylum application, including his alleged arrests, visits to the doctor after his time in the camps, and the forced entry by the officials who ransacked his home. Finally, the IJ noted that Dedji had failed to provide corroborating evidence for his claims that (1) one of his fellow students was found dead shortly after the 1997 incident and (2) Dedji’s fa[*191] ther had been arrested because of Dedji’s political activities. On that basis, the IJ denied Dedji’s applications for asylum, withholding of removal, relief under CAT, and voluntary departure.

Dedji appealed to the BIA, alleging that the IJ erred in (1) failing to recognize that he had discretion to accept the late-filed documents and (2) finding that Dedji was not credible. The BIA affirmed the IJ’s decision without opinion on September 12, 2005. Dedji renews these claims on appeal.

DISCUSSION

An IJ’s authority to reject untimely filed documents is an issue of first impression in our Circuit. We now write to recognize that an IJ has broad discretion to set and extend filing deadlines pursuant to 8 C.F.R. § 1003.31. [3] We hold, however, that, in the particular circumstances presented here, the IJ had the discretion to deviate from the filing deadlines in the local rules; and that his failure to recognize that he possessed this discretion was error.

A. Standard of Review

Where the BIA affirms the IJ’s decision without comment, we review the IJ’s decision as the final agency determination. See, e.g., Wensheng Yan v. Mukasey, 509 F.3d 63, 66 (2d Cir.2007). We review the IJ’s factual findings, including adverse credibility determinations, for substantial evidence, and will not disturb them “unless any reasonable adjudicator would be compelled to conclude to the contrary.” 8 U.S.C. § 1252(b)(4)(B); see Shu Wen Sun v. BIA, 510 F.3d 377, 379 (2d Cir.2007).

An IJ has discretion to set deadlines for the submission of documents. 8 C.F.R. § 1003.31(c) (“The Immigration Judge may set and extend time limits for the filing of applications and related documents .... ”). When a document has been deemed untimely filed, the “opportunity to file that ... document shall be deemed waived.” Id. In evaluating an IJ’s decision to grant or deny a continuance pursuant to a similar regulation, 8 C.F.R. § 1003.29 (stating that an IJ “may grant a motion for continuance for good cause shown”), we have held that such a decision is reviewed for abuse of discretion. See Sanusi v. Gonzales, 445 F.3d 193, 198 (2d Cir.2006) (reviewing a denial of a continuance). Similarly, we review an IJ’s decision to deny a motion to reopen for abuse of discretion. Jie Chen v. Gonzales, 436 F.3d 76, 77 (2d Cir.2006) (reviewing a denial of a motion to reopen).

We now conclude that abuse of discretion is the proper standard to apply in reviewing an IJ’s decision to establish and enforce filing deadlines for submission of documents. An IJ’s decision constitutes error or an “abuse of discretion” when “(1) his decision rests on an error of law (such as application of the wrong legal principle) or a clearly erroneous factual finding or (2) his decision — though not necessarily the product of a legal error or a clearly erro[*192] neous factual finding — cannot be located within the range of permissible decisions.” Morgan v. Gonzales, 445 F.3d 549, 551-52 (2d Cir.2006) (quoting Zervos v. Verizon N.Y., Inc., 252 F.3d 163, 169 (2d Cir.2001)).

B. The IJ’s Decision to Not Admit the Untimely-Filed Documents

We have repeatedly observed that “IJs are accorded wide latitude in calendar management, and we will not micromanage their scheduling decisions any more than when we review such decisions by district judges.” Morgan, 445 F.3d at 551; see also Sanusi, 445 F.3d at 199 (same). An IJ’s discretion in setting and enforcing deadlines, like that of a district judge, is circumscribed by the relevant local rules. See Somlyo, 932 F.2d at 1044. However, both the IJ and district judge have the “inherent discretion to depart from the letter of the Local Rules” in certain circumstances where “fairness demands that noncompliance be excused.” Id. at 1048. See also United States v. Eleven Vehicles, 200 F.3d 203, 215 (3d Cir.2000) (“[A] district court can depart from the strictures of its own local procedural rules where (1) it has a sound rationale for doing so, and (2) so doing does not unfairly prejudice a party who has relied on the local rule to his detriment.”); United States v. Diaz-Villafane, 874 F.2d 43, 46 (1st Cir.1989) (“[A] district court should be accorded considerable latitude in applying local procedural rules of its own making, and in departing from them.”). This discretion includes the inherent power to disregard the deadlines imposed by the local rules of an immigration court, taking into consideration a removable alien’s right to a “reasonable opportunity to examine the evidence against [him][and] to present evidence on [his] own behalf.” 8 U.S.C. § 1229a(b)(4)(B).

As the Seventh Circuit has noted, it is a matter of concern when an IJ’s strict adherence to the established time limit prevents a petitioner from presenting his case. See Galicia v. Gonzales, 422 F.3d 529, 539 (7th Cir.2005) (describing as “troubling” “the strict time limit that the IJ imposed on [petitioner], which in turn prevented her from presenting the readily available testimony of [two corroborating witnesses]”). Accordingly, where an alien has demonstrated good cause for the failure to timely file documents and a likelihood of substantial prejudice from enforcement of the deadline, an IJ may, in the exercise of his informed discretion, depart from the deadline imposed by the relevant local rules.

In the instant case, the Local Rules of the Immigration Court, issued pursuant to 8 C.F.R. § 1003.31(c), do not explicitly identify a good-cause exception to the filing deadline. See note 2, ante (text of local rule). Relying on the relevant local rule and the need for enforcement of the local rule, the IJ concluded that the documents were untimely and, accordingly, refused to admit the documents. The IJ failed to consider whether, in the particular circumstances presented, a departure from the local rule was warranted.

A review of the record indicates that Dedji has made out a colorable claim that (1) he had good cause for the delay in filing the documents and (2) substantial prejudice is likely to result if the documents are not admitted. First, his counsel submitted a letter indicating that the failure to timely submit the documents was the result of a fire at her office and that Dedji had submitted the documents to his counsel in a timely manner. The Government did not challenge this account of the cause for the delay. Second, the documents that were not admitted, which included a purported arrest warrant, assert[*193] ed doctors’ reports, and letters from his family, arguably could have corroborated the aspects of Dedji’s testimony that the IJ declined to credit — specifically, Dedji’s contentions that he was personally sought by the police for his political activity; that he had been injured and received medical attention following periods of detention for his activities in opposition to the government; and that authorities were still seeking to arrest him. The failure to corroborate these contentions served, at least in part, as the basis for the IJ’s adverse credibility determination and the resulting denial of relief. The proffered documentary evidence provides an unusually detailed record of Dedji’s political involvement and interaction with the Government of Togo. If the excluded evidence had been admitted into the record before the IJ and considered by him, it is possible that the various inconsistencies identified by the IJ could have been resolved in Dedji’s favor. In sum, we believe that Dedji’s colorable claims of good cause and the possibility of substantial prejudice deserve consideration by the trier of fact.

CONCLUSION

We Grant the petition for review and Remand the cause to the BIA for a determination of whether (1) good cause existed for the delay in filing the documents at issue, (2) strict adherence to the local rules would cause unfairness in this particular instance and (3) a reprieve from the filing deadline set forth in the local rules is therefore warranted. In granting this petition for review on these grounds we intimate no view on what decision would be appropriate upon reconsideration of the full record before the IJ.

1

. That provision reads in pertinent part:

Any alien ... in and admitted to the United Stales shall, upon the order of the Attorney General, be removed if the alien is within one or more of the following classes of deportable aliens:
Any alien who is present in the United States in violation of this chapter or any other law of the United States, or whose nonimmigrant visa (or other documentation authorizing admission into the United States as a nonimmigrant) has been revoked under section 1201(i) of this title, is deportable.

8 U.S.C. § 1227(a)(1)(B).

2

. The local immigration court rules provide in relevant part as follows:

Except for asylum applications, which must be filed in open court, in addition to complying with 8 C.F.R. §§ 1003.31 and 1003.32, all proposed exhibits, applications and briefs must be filed with the Immigration Court no later than fifteen (15) days prior to the scheduled Individual Calendar hearing, unless otherwise authorized or directed by the Immigration Judge. The Immigration Court may refuse to accept late-filed documents by any party.
Local Operating Procedures, United States Immigration Court, Buffalo & Batavia, New York, Procedure 5(c) (“local rules”). Because the hearing was scheduled for May 13, 2004, documents should have been filed no later than April 28, 2004. Dedji’s documents were submitted almost one week late, on May 5, 2004. Dedji submitted an additional document on May 12, 2004, one day before the scheduled hearing.
3

. That regulation provides in relevant part:

(a) All documents and applications that are to be considered in a proceeding before an Immigration Judge must be filed with the Immigration Court having administrative control over the Record of Proceeding.
(c) The Immigration Judge may set and extend time limits for the filing of applications and related documents and responses thereto, if any. If an application or document is not filed within the time set by the Immigration Judge, the opportunity to file that application or document shall be deemed waived.

8 C.F.R. § 1003.31