Skip to main content

AG Sessions issues Matter of L-A-B-R-, restricting continuances

  1. Date Announced

    Aug. 16, 2018

    In issuing Matter of L-A-B-R-, AG Sessions re-interprets the regulations that allow IJs to grant continuances “for good cause shown.” 8 CFR § 1003.29. The decision holds that an IJ must consider two principal factors in deciding if good cause has been shown when an individual is pursuing a collateral matter: (1) the likelihood that the respondent will receive collateral relief and (2) whether that relief will affect the outcome of the removal proceedings. The decision directs IJs to balance all relevant factors, especially the respondent’s diligence in seeking collateral relief, DHS' position on the motion for continuance, concerns of administrative efficiency, the length of the continuance requested, the number of hearings already held and continuances previously granted, and the timing of the motion for continuance. The AG complains that "[t]he overuse of continuances in the immigration courts is a significant and recurring problem" and decries how "[u]njustified continuances provide an illegitimate form of de facto relief from removal."

    [ID #176]

    View Policy Document
  2. Effective Date of Change

    Aug. 16, 2018
Status: Final/Actual
Type of Action: Adjudication
Subject Matter: Hearings and Adjudications
Agencies Affected: EOIR AG ICE

Prior Policies

  • In Matter of Hashmi, 24 I&N Dec. 785 (BIA 2009), the BIA set a standard for continuances, allowing immigration judges to take into consideration a number of factors, including future eligibility for an immigrant visa or other relief.

    Matter of Hashmi, 24 I&N Dec. 785 (BIA 2009)

  1. Associated or Derivative Policies

We require registration to leave feedback. You may either:

  • Sign in with your current user name and password.

  • Register if you don't have a user name and password.