The First Circuit has determined that IJ properly denied a motion for a continuance for I-130 adjudication because the allegations in a police report related to pending assault charges were so egregious that the judge would deny the adjustment as a matter of discretion. The court further affirmed the Board of Immigration Appeals’ decision denying a motion to remand when the I-130 was approved and the criminal charges dismissed, relying on the reasonableness of the IJ’s discretionary determination.
The full text of Lee v. Barr can be found here: