L. Ramirez
CourtBoard of Immigration Appeals
Date FiledOctober 16, 2026
DocketID 4260
StatusPublished
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Full Opinion
Cite as 30 I&N Dec. 157 (BIA 2026) Interim Decision #4260
Matter of L. RAMIREZ, Respondent
Decided October 16, 2026
U.S. Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals
(1) There is no presumption in favor of a continuance for aliens who have filed a prima
facie approvable U visa petition with United States Citizenship and Immigration
Services. Matter of Sanchez Sosa, 25 I&N Dec. 807 (BIA 2012), overruled.
(2) In deciding whether an alien has established good cause for a continuance based on the
pendency of a visa petition or future visa availability, Immigration Judges should apply
the balancing test set forth in Matter of L-A-B-R-, 27 I&N Dec. 405 (A.G. 2018), while
keeping in mind the importance of the secondary factors and that good cause does not
exist if visa availability is remote.
(3) Aliens are not entitled to delay completion of their removal proceedings pending
availability of a visa. Matter of Quintero, 18 I&N Dec. 348 (BIA 1982), reaffirmed.
FOR THE RESPONDENT: Tommy D. Harvey, Esquire, Charlotte, North Carolina
BEFORE: Board Panel: MALPHRUS, Chief Appellate Immigration Judge; CHABAN
and VOLKERT, Appellate Immigration Judges.
MALPHRUS, Chief Appellate Immigration Judge:
The respondent, a native and citizen of Mexico, appeals from the
Immigration Judge’s January 7, 2020, decision denying the respondent’s
motion for a further continuance of these removal proceedings. The appeal
will be dismissed.
The Department of Homeland Security (“DHS”) commenced removal
proceedings against the respondent in June 2017. On September 26, 2017,
the respondent filed a petition for a nonimmigrant visa under section
101(a)(15)(U) of the Immigration and Nationality Act (“INA”), 8 U.S.C.
§ 1101(a)(15)(U) (2012) (“U visa”), in conjunction with an application for a
waiver of inadmissibility with United States Citizenship and Immigration
Services (“USCIS”). His U visa petition claimed that he was the victim of
an armed robbery that occurred on February 23, 2016. The respondent
appeared for his initial removal hearing before the Immigration Judge on
October 23, 2018. Through counsel, the respondent conceded his
removability and requested a continuance for attorney preparation. The
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Immigration Judge granted the continuance request and scheduled the next
hearing for January 24, 2019. That hearing was later reset to August 8, 2019.
At the August 2019 hearing, the respondent requested another
continuance to await USCIS’ adjudication of his U visa petition. The
Immigration Judge granted the continuance request over DHS’ opposition
and scheduled the next hearing for January 7, 2020. The Immigration Judge
also explained that he could not continue the case indefinitely and would not
likely grant additional continuances to await adjudication of the visa petition.
The U visa petition had still not been adjudicated by the time of the January
2020 hearing, and the respondent requested an additional continuance which
DHS opposed. The Immigration Judge denied the continuance request and
ordered the respondent removed from the United States. The respondent
appealed. He has not since provided any evidence that USCIS has
adjudicated his U visa petition.
An Immigration Judge “may grant a motion for continuance for good
cause shown.” 8 C.F.R. § 1003.29 (2020); see also Matter of L-A-B-R-,
27 I&N Dec. 405, 415 (A.G. 2018) (“A respondent bears the burden of
establishing good cause for a continuance.”). Whether the Immigration
Judge erred in granting a continuance is a legal question we review de novo.
See Matter of J-A-F-S-, 29 I&N Dec. 195, 198 (BIA 2025); 8 C.F.R.
§ 1003.1(d)(3)(ii) (2026).
In determining whether good cause exists for a continuance based on the
pendency of a collateral matter, an Immigration Judge “must focus
principally on two factors: (1) the likelihood that the alien will receive the
collateral relief, and (2) whether the relief will materially affect the outcome
of the removal proceedings.” Matter of L-A-B-R-, 27 I&N Dec. at 413. It is
also important for the Immigration Judge to consider secondary factors,
including “whether the alien has exercised reasonable diligence in pursuing
that relief, DHS’s position on the motion, the length of the requested
continuance, and the procedural history of the case.” Id. The two primary
factors are not dispositive when “there are relevant secondary factors that
weigh against continuing the proceedings.” Matter of L-N-Y-, 27 I&N
Dec. 755, 758 (BIA 2020).
Considering all the relevant factors, we conclude that the respondent did
not meet his burden to demonstrate good cause for an additional continuance.
We recognize that the primary factors favor the respondent. He appears to
be prima facie eligible for a U visa and an inadmissibility waiver, and USCIS
approval would materially affect the outcome of these proceedings because
he would no longer be removable as charged. However, based on the record
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before us, the relevant secondary factors strongly support the Immigration
Judge’s decision not to further continue this case.
The most significant secondary factor in this case is the length of the
respondent’s continuance request. He did not provide any timeframe for his
request before the Immigration Judge in January 2020, nor has he done so on
appeal. His request was “for an unknown and potentially lengthy period of
time.” Matter of L-N-Y-, 27 I&N Dec. at 759. The procedural history of this
case demonstrates the unreasonable nature of the respondent’s open-ended
request and that it would have been inappropriate for the Immigration Judge
to continue the proceedings. When the Immigration Judge denied the
respondent’s last continuance in January 2020, his U visa petition had
already been pending for over a year. And now, more than 6 years later, the
respondent still has not presented any evidence that USCIS has adjudicated
his U visa petition.
The respondent argues that he is entitled to a presumption in favor of a
continuance based on our decision in Matter of Sanchez Sosa, 25 I&N Dec.
807 (BIA 2012). In Matter of Sanchez Sosa, the Board held in the U visa
context that as “a general rule, there is a rebuttable presumption that an alien
who has filed a prima facie approvable application with the USCIS will
warrant a favorable exercise of discretion for a continuance for a reasonable
period of time.” Id. at 815. “In Matter of L-A-B-R-, 27 I&N Dec. at 413, the
Attorney General refined this analytical framework, holding that
Immigration Judges and this Board must consider and balance ‘all relevant
factors’ in assessing whether there is ‘good cause’ to continue proceedings
to accommodate a collateral matter before another authority—such as a visa
petition before the USCIS.” Matter of L-N-Y-, 27 I&N Dec. at 757. Visa
availability is one of the “relevant good-cause factors” identified by the
Attorney General, who made clear that “good cause does not exist” when
visa availability “is too remote.” Matter of L-A-B-R-, 27 I&N Dec. at 418.
Matter of Sanchez Sosa, which predates the Attorney General’s decision, did
not consider the issue of visa availability in its good cause analysis and thus
is inconsistent with the Attorney General’s directive that visa availability is
a relevant factor we must consider. Moreover, applying a presumption in
favor of a continuance when the visa wait time is lengthy or indeterminate is
inconsistent with our long-standing precedent that respondents are not
entitled to delay completion of their removal proceedings pending
availability of a visa. Matter of Quintero, 18 I&N Dec. 348, 350 (BIA 1982).
Matter of Sanchez-Sosa erroneously did not address the contrary nature of
Matter of Quintero in this regard.
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As we have previously explained, at the time we decided Matter of
Sanchez Sosa there was a reasonable expectation that USCIS would
generally adjudicate pending U visa requests within approximately 1 year.
See Matter of Ibarra-Vega, 29 I&N Dec. 476, 478–79 (BIA 2026). However,
due to the statutory cap on the number of U visas that can be granted each
year and the excessive demand for those visas, eligible U visa petitioners
must now wait many years, even decades, for a visa to become available. See
id. at 479. In this environment of prolonged visa wait times, 1 applying a
presumption in favor of a continuance conflicts with the Attorney General’s
decision in Matter of L-A-B-R-, and the rule set forth in Matter of Quintero,
that respondents are not entitled to delay completion of their removal
proceedings pending availability of a visa. It is also inconsistent with the
“strong public interest in bringing litigation to a close as promptly as is
consistent with the interest in giving the adversaries a fair opportunity to
develop and present their respective cases.” INS v. Abudu, 485 U.S. 94, 107
(1988).
We therefore overrule the continuance standard articulated in Matter of
Sanchez Sosa and hold that there is no presumption in favor of a continuance
for aliens who have filed a prima facie approvable U visa petition with
USCIS. The standard for considering a continuance request to await the
adjudication of a visa petition or the availability of a visa is the same for any
type of visa. There is no special rule for U visas or any other nonpreference
category of visa. In deciding whether an alien has established good cause for
a continuance based on the pendency of a visa petition or future visa
availability, Immigration Judges should apply the balancing test set forth by
the Attorney General in Matter of L-A-B-R-, while keeping in mind the
importance of the secondary factors and that good cause does not exist if visa
availability is remote.
The other relevant secondary factors, namely the respondent’s diligence
and DHS’ position, also weigh against a continuance. The respondent’s
U visa petition alleges that the qualifying crime against him occurred in
February 2016. He has not explained why he waited for a year and a half
after that to file his U visa petition with USCIS. Moreover, “DHS’
opposition based on its interest in the prompt resolution of these proceedings
is also an important consideration in determining whether there is good cause
for a continuance.” Matter of Pinzon Rozo, 29 I&N Dec. 507, 510 (BIA
2026). “The respondent has conceded his removability and is not seeking
1
We reiterate that these visa wait times are “not the result of any action or inaction by
USCIS.” Matter of Ibarra-Vega, 29 I&N Dec. at 480. They are caused by the fact that the
demand for U visas drastically exceeds the supply authorized by Congress. Id. at 480–81.
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any form of relief from removal before the Immigration Judge.” Id. Thus,
“[c]ontinuing to prolong these removal proceedings indefinitely over DHS’
opposition when there is no dispute regarding the respondent’s removability
or eligibility for relief would significantly undermine ‘the public interest in
expeditious enforcement of the immigration laws.’” Id. (quoting Matter of
L-A-B-R-, 27 I&N Dec. at 406).
In sum, while the primary factors we consider in assessing whether good
cause exists for a continuance seem to favor the respondent, the relevant
secondary factors—including the indefinite and lengthy nature of the
requested continuance and DHS’ opposition—strongly weigh against further
continuing removal proceedings to await a U visa becoming available to the
respondent. We reaffirm our holding in Matter of Quintero that aliens are
not entitled to delay completion of their removal proceedings pending
availability of a visa. Balancing the relevant primary and secondary factors
for assessing good cause, we conclude that the Immigration Judge properly
denied the respondent’s request for a further continuance. We will therefore
dismiss the respondent’s appeal.
ORDER: The appeal is dismissed.
NOTICE: If a respondent is subject to a final order of removal and
willfully fails or refuses to depart from the United States pursuant to the
order, to make timely application in good faith for travel or other documents
necessary to depart the United States, or to present himself or herself at the
time and place required for removal by DHS, or conspires to or takes any
action designed to prevent or hamper the respondent’s departure pursuant to
the order of removal, the respondent shall be subject to a civil monetary
penalty of up to $998 for each day the respondent is in violation. See INA
§ 274D (2024), 8 U.S.C. § 1324d; 8 C.F.R. § 280.53(b)(14) (2026). Further,
any respondent that has been denied admission to, removed from, or has
departed the United States while an order of exclusion, deportation, or
removal is outstanding and thereafter enters, attempts to enter, or is at any
time found in the United States shall be fined or imprisoned not more than
2 years, or both. See INA § 276(a), 8 U.S.C. § 1326(a) (2024).
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