Choge v. Lynch, No. 14-2924 (8th Cir. 2015)
Annotate this CasePetitioner, a Kenyan citizen, petitioned for review of the BIA's affirmance of the IJ's decision that petitioner had waived his application to adjust his status to that of lawful permanent resident and denial of his request for a continuance. In this case, the IJ explained to petitioner that in order to proceed, petitioner would have to pay a filing fee, get fingerprinted, submit an affidavit of support, and bring his wife to testify on his behalf at his next hearing. When petitioner showed up to his hearing ten months later, he had failed to do these things. The court exercised its discretion under 8 U.S.C. 1252 and denied the petition for review, finding no abuse of discretion.
Court Description: Kelly, Author, with Wollman and Colloton, Circuit Judges] Petition for Review - Immigration. The IJ did not abuse her discretion by deeming petitioner's application for adjustment of status waived where the petitioner failed to comply with the IJ's directions and meet the deadlines established in the matter.
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