8 C.F.R. § 1003.29
Continuances
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).
Notes of Decisions
Cited in 747
cases (136 in the last 5 years), 2004–2026 · leading case: Ahmed v. Holder, 569 F.3d 1009 (9th Cir. 2009).
Ahmed v. Holder, 569 F.3d 1009 (9th Cir. 2009). “Under 8 C.F.R. § 1003.29 , an IJ “may grant a motion for continuance for good cause shown.”
Mohammed Nasir Khan v. Attorney Gen. of the United States, 448 F.3d 226 (3rd Cir. 2006). “” 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, 507 F.3d 1044 (6th Cir. 2007). “" 8 C.F.R. § 1003.29 (2003) (emphasis added).”
Avagyan v. Holder, 646 F.3d 672 (9th Cir. 2011). “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 Gen., 461 F.3d 1357 (11th Cir. 2006). “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, 502 F.3d 659 (7th Cir. 2007). “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 Gen., 426 F.3d 1330 (11th Cir. 2005). “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, 973 F.3d 656 (7th Cir. 2020). “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 Gen., Dep't of Homeland Sec., 445 F.3d 549 (2d Cir. 2006). “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, 538 F.3d 1289 (9th Cir. 2008). “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, 606 F.3d 900 (8th Cir. 2010). “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, 521 F.3d 1000 (8th Cir. 2008). “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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