Ninth Circuit Finds no Jurisdiction to Review Factual Findings Related to Procedural Motion Related to Adjustment Application

The Ninth Circuit has determined that it has no jurisdiction to review any factual findings related to a motion to continue proceedings when the findings relate to an applicant’s eligibility for adjustment of status.

The full text of Ochoa v. Garland can be found here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2023/06/20/20-72510.pdf

An amended opinion can be found here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2024/02/06/20-72510.pdf

Ninth Circuit Finds that Jurisdiction-Stripping Provision does not Apply to Judicial Review of a Denial of a Continuance

Typically, the federal courts have limited jurisdiction to review a final order of removal when the petitioner has been ordered removed based on criminal grounds.  The Ninth Circuit has held, in the context of a denied motion to continue, that the jurisdiction-stripping provisions do not apply to review of procedural motions that are independent of the merits of the removal order.

The full text of Garcia v. Lynch can be found here: http://cdn.ca9.uscourts.gov/datastore/opinions/2015/08/18/12-70778.pdf