Video summary

DEPORTATION / REMOVAL: B.I.A SAYS NO MORE CONTINUANCES!

Main summary

Key takeaways

News and Commentary

Overview

The video reports on a recent Board of Immigration Appeals (BIA) decision that makes it harder for immigrants in removal (deportation) proceedings to delay hearings by repeatedly requesting continuances to find a lawyer.

Main Arguments / Analysis

  • The BIA held that a request for continuance to obtain legal counsel does not automatically count as “good cause.”
  • As a result, immigration judges are supported in moving forward with the hearing when a respondent appears without an attorney and has already been given opportunities to secure one.
  • The speaker advises viewers to immediately seek legal representation rather than relying on the possibility of postponement.

Key Facts of the BIA Case Described

  • The respondent appeared at the first “master calendar” hearing and received a two-week continuance to find an attorney.
  • At the next hearing, the respondent requested more time again and received another two-week postponement.
  • The immigration judge warned this would be the last continuance and that the respondent would have to proceed pro se if counsel was not obtained.
  • At the following hearing, the respondent still lacked an attorney; the judge denied another continuance and ordered removal.
  • On appeal, the respondent argued they couldn’t retain an attorney and needed more time/documents.
  • The BIA dismissed the appeal, emphasizing that the relevant procedural safeguard about counsel is satisfied when the first hearing is scheduled no earlier than 10 days after service of the Notice to Appear (NTA). In this case, that requirement was met, so the IJ’s decision to deny the next continuance was upheld.

Why It Matters (Per the Video)

  • Continuances based on difficulty finding counsel may not be granted indefinitely.
  • Proceeding without counsel can be risky because the respondent may not understand:
    • what forms of relief may be available, and
    • what evidence/documentation is required to qualify.

Presenters / Contributors

  • Michael Gerfinkel (host / speaker)

Original video