Legal Opinion

Hing Chuen Wu v. Holder

Court of Appeals for the Fifth Circuit

Decided June 11, 2009No. 08-60073PublishedCited by 10 opinions

1Opinion of the Court

PRADO, Circuit Judge:

The sole question in this petition for review of a Board of Immigration Appeals (“BIA”) decision is whether the Immigration Judge (“IJ”) abused his discretion by denying Petitioner Hing Chuen Wu’s (‘Wu”) motion for a third continuance pending the adjudication of his wife’s 1-130 visa petition. 1 Wu relies primarily on Matter of Garcia, 16 I. & N. Dec. 653 (BIA 1978), to argue that the IJ erred in denying him a continuance. In Garcia, the BIA determined that “discretion should, as a general rule, be favorably exercised where a prima facie approvable visa petition and…

2Cases cited7 opinions

  1. HASHMIBoard of Immigration Appeals · 2009
  2. GARCIABoard of Immigration Appeals · 1978
  3. Hashmi v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2008
  4. Tenny Hassan v. Immigration and Naturalization ServiceCourt of Appeals for the Seventh Circuit · 1997
  5. Andrew Bamidele Bull v. Immigration and Naturalization Service an Agency of the United States Department of JusticeCourt of Appeals for the Eleventh Circuit · 1986

2 more not listed; retrieve them via the Exa API.

3Cited by10 opinions

  1. Daniela Guerra-Rocha v. William P. BarrCourt of Appeals for the Seventh Circuit · 2020
  2. Cuenca-Arroyo v. GarlandCourt of Appeals for the Fifth Circuit · 2024
  3. Brijesh Bhadwal v. Eric Holder, Jr.Court of Appeals for the Fifth Circuit · 2013
  4. Daniela Guerra-Rocha v. William P. BarrCourt of Appeals for the Seventh Circuit · 2020
  5. Fajemisin v. HolderCourt of Appeals for the Fifth Circuit · 2010

5 more not listed; retrieve them via the Exa API.

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