C.F.R. » Title 8 » CHAPTER V—EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE › SUBCHAPTER A—GENERAL PROVISIONS › PART 1003—EXECUTIVE OFFICE FOR IMMIGRATION REVIEW › Subpart C—Immigration Court—Rules of Procedure

8 C.F.R. § 1003.29

Continuances

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The immigration judge may grant a motion for continuance for good cause shown, provided that nothing in this section shall authorize a continuance that causes the adjudication of an asylum application to exceed 180 days in the absence of exceptional circumstances, consistent with section 208(d)(5)(A)(iii) of the Act and § 1003.10(b).

[85 FR 81750, Dec. 16, 2020]
Notes of Decisions
Cited in 747 cases (136 in the last 5 years), 2004–2026 · leading case: Ahmed v. Holder
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Ahmed v. Holder (2009) ca9 · cites it 3× “Under 8 C.F.R. § 1003.29 , an IJ “may grant a motion for continuance for good cause shown.”
Mohammed Nasir Khan v. Attorney General of the United States (2006) ca3 · cites it 3× “” 8 C.F.R. § 1003.29 (2006). Significant for present purposes is the issue whether the IJ’s decision on such a motion can be reviewed by this court.”
Ilic-Lee v. Mukasey (2007) ca6 · cites it 4× “" 8 C.F.R. § 1003.29 (2003) (emphasis added).”
Avagyan v. Holder (2011) ca9 · cites it 2× “8 C.F.R. § 1003.29 . We review an IJ's denial of a continuance for abuse of that discretion.”
Zafar v. U.S. Attorney General (2006) ca11 · cites it 3× “In a written decision, which was drafted and dated months prior to that hearing on September 25, 2003, the IJ denied Ghulamani’s request for a continuance, finding, after oral arguments on the motion, that there was not the requisite good cause for continuance as provided in 8…”
Iqbal Ali v. Gonzales (2007) ca7 · cites it 3× “While it is true that continuances are specifically mentioned only in the administrative regulations, see 8 C.F.R. § 1003.29 , an immigration judge’s authority to grant or deny a continuance is statutory; it derives from 8 U.”
Zafar v. U.S. Attorney General (2005) ca11 · cites it 4× “In a written decision, which was drafted and dated months prior to that hearing on September 25, 2003, the immigration judge denied Ghula-mani’s request for a continuance, finding, after oral arguments on the motion, that there was not the requisite good cause for continuance as…”
Yeison Meza Morales v. William Barr (2020) ca7 · cites it 3× “8 C.F.R. § 1003.29 . One might think that the existence of a specific continuance provision suggests that the general grant of authority in 8 C.”
George Morgan v. Alberto R. Gonzales, United States Attorney General, Department of Homeland Security (2006) ca2 · cites it 2× “On December 13, 2004, the BIA affirmed the decision because the IJ had “committed no error” in light of the fact that Morgan “failed to demonstrate good cause for a continuance.”
Qi Cui v. Mukasey (2008) ca9 · cites it 2× “We hold that, in the circumstances of this case, the IJ’s denial of Cui’s request for a continuance constituted an abuse of discretion.”
Hernandez v. Holder (2010) ca8 · cites it 4× “the authority for which is specified under this subchapter to be in the discretion of the Attorney General”); 8 C.F.R. § 1003.29 (“The Immigration Judge may grant a motion for continuance for good cause shown.”
Tamenut v. Mukasey (2008) ca8 · cites it 2× “Or, for that matter, whether we are reviewing motions for continuances under 8 C.F.R. § 1003.29 . Regardless, the discretion established for reviewing any of these motions is established in the regulations, not the statutes.”
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