Ferreira v. U.S. Attorney General, No. 11-14074 (11th Cir. 2013)Annotate this Case
Petitioner, a native and citizen of Brazil, sought a continuance of his deportation proceedings to await the availability of an immigrant visa based on his approved I-140 petition. The IJ denied petitioner's motion for a continuance and the BIA affirmed the IJ's judgment. Petitioner then moved for reconsideration, which was also denied. The court agreed with petitioner's argument that the BIA abused its discretion by failing to consider the factors set forth in Matter of Hashmi and Matter of Rajah. Accordingly, the court granted the petition, vacated the decision of the BIA, and remanded for further proceedings.