8 C.F.R. § 1240.6
Postponement and adjournment of hearing
After the commencement of the hearing, the immigration judge may grant a reasonable adjournment either at his or her own instance or, for good cause shown, upon application by the respondent or the Department of Homeland Security, provided that nothing in this section shall authorize an adjournment 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) of this chapter.
Notes of Decisions
Cited in 18
cases (8 in the last 5 years), 2004–2026 · leading case: Hashmi, 24 I. & N. Dec. 785 (BIA 2009).
Hashmi, 24 I. & N. Dec. 785 (BIA 2009). “29 (2008); see also 8 C.F.R. § 1240.6 (2008) (providing that the Immigration Judge may grant a reasonable adjournment either at his or her own instance or, for good cause shown, upon application by the respondent or the DHS).”
George Morgan v. Alberto R. Gonzales, United States Attorney Gen., Dep't of Homeland Sec., 445 F.3d 549 (2d Cir. 2006). “”); 8 C.F.R. § 1240.6 (“After the commencement of the hearing, the immigration judge may grant a reasonable adjournment either at his or her own instance or, for good cause shown, upon application by the respondent or the Service.”
L-n-y, 27 I. & N. Dec. 755 (BIA 2020). “755 (BIA 2020) Interim Decision #3974 only grant “a reasonable adjournment” (quoting 8 C.F.R. § 1240.6 (2018))). The respondent is therefore requesting a continuance for an unknown and potentially lengthy period of time.”
Rajah, 25 I. & N. Dec. 127 (BIA 2009). “In our recent precedent decision in Matter of Hashmi, 24 I&N Dec.”
Sanchez Sosa, 25 I. & N. Dec. 807 (BIA 2012). “127, 129-30 (BIA 2009); 8 C.F.R. § 1240.6 (2012) (stating that an Immigration Judge may grant a reasonable adjournment at his or her own instance or for good cause shown by either party).”
Garcia v. Garland, 64 F.4th 62 (2d Cir. 2023). “29 (2018) (authorizing continuances); 8 C.F.R. § 1240.6 (2018) (authorizing adjournments); see also Hernandez-Serrano, 981 F.”
Brown v. Ashcroft, 360 F.3d 346 (2d Cir. 2004). “6 has been redesignated as 8 C.F.R. § 1240.6 . Aliens and Nationality; Homeland Security; Reorganization of Regulations, 68 Fed.”
United States v. Wilson, 240 F. App'x 139 (7th Cir. 2007). “Wilson is correct that removal proceedings will not routinely be stayed pending the resolution of a collateral attack on a criminal conviction.”
Lopez v. Mukasey, 269 F. App'x 8 (1st Cir. 2008). “2007); see also 8 C.F.R. § 1240.6 (“the immigration judge may grant a reasonable adjournment .”
Carlos Garcia-DeLeon v. Merrick Garland (6th Cir. 2021). “The American Immigration Lawyers Association submitted an amicus brief in support of Garcia, in which it argues that another regulation permitting IJs to adjourn cases, 8 C.F.R. § 1240.6 , gives IJs “the more limited power to grant a finite, brief period of administrative…”
Carlos Garcia-DeLeon v. Merrick Garland (6th Cir. 2021). “The American Immigration Lawyers Association submitted an amicus brief in support of Garcia, in which it argues that another regulation permitting IJs to adjourn cases, 8 C.F.R. § 1240.6 , gives IJs “the more limited power to grant a finite, brief period of administrative…”
Ledesma v. Garland (2d Cir. 2021). “Instead, the IJ simply refused to adjourn the 16 proceeding to permit Ledesma, who was unrepresented, additional time to retain 17 counsel.”
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