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Immigration judge abused discretion when motion for continuance was denied as a result of delay caused by Department of Homeland Security

By Candace Hom, Melinda Ghilardi, Nancy Rimmer, Sarah Gannett, Renee Pietropaolo and Tieffa Harper

[This case summarized by Ahmed Soliman, legal intern, Federal & Community Defender for the Eastern District of Pennsylvania.]In United States v. Hashmi, No. 06-3934, (3rd Cir. July 7, 2008), the court addressed whether an immigration judge abused his discretion after denying a continuance, agreed to by the government, simply because the case was pending for a period of time longer than the 18 months suggested by the "case completion goals" set by the Department of Justice, despite the fact that the Department of Homeland Security was the cause of the case?s delay, and not the defendant.The court ruled that the immigration judge did indeed abuse his discretion, stating that the case completion goals were merely a guide, not a rule that should trump consideration of the individual circumstances of each case...continue to full post

Full post as published by Third Circuit Blog on July 18, 2008 (boomark / email).