The Ninth Circuit held that the statutory criminal bar to judicial review, INA §242(a)(2)(C), does not strip the court of jurisdiction to review the denial of a procedural motion, such as a motion for a continuance, that rests on a ground independent of the conviction that triggered the bar. The court denied the petition for review, however, because it found that the Immigration Judge did not abuse his discretion in denying the petitioner’s motion to continue.
Filed under: Immigration Attorney | Tagged: 9th circuit, jurisdiction of appellate court, jurisdictional stripping, motion to continue, ninth circuit, Petition for Review | Leave a comment »
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 