The Fourth Circuit has determined that the agency abused its discretion by denying a continuance to a U visa applicant, when the Immigration Judge determined that she was likely to have her application approved. The court noted that the agency relied on “secondary factors” to determine that no good cause existed for a continuance: (1) the petitioner had been “found removable and did not submit any applications for relief” to the IJ; (2) she could still pursue her U visa application and seek a stay of removal from DHS; (3) DHS opposed the motion; and (4) it would not be administratively efficient to grant a continuance.” The agency failed to evaluate any of the primary factors: whether the collateral relief (i.e, the U visa) is likely to be granted and whether the decision on the collateral relief will affect the outcome of the removal proceedings.
The full text of Garcia Cabrera v. Garland can be found here: