Rajah v. Mukasey

CALABRESI, Circuit Judge:

This case presents us with the thorny task of reviewing a discretionary determination of the Immigration courts — whether or not to grant a continuance — a determination that must lie, as we have said, “within the range of permissible decisions.” Morgan v. Gonzales, 445 F.3d 549, 552 (2d Cir.2006) (quoting Zervos v. Verizon New York, Inc., 252 F.3d 163, 169 (2d Cir.2001)). We lack guidance from the BIA, however, as to the contours of this range, and although we have found certain decisions denying continuances clearly within the metes and bounds of permissibility, the…