Khomyshyn v. Holder, No. 10-3973 (7th Cir. 2011)
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The petitioners in consolidated cases have been in the U.S. for many years without permission, and each would like to adjust his status to that of lawful permanent resident through relatives who are legitimately in the U.S. The IJ found each ineligible because of the lack of an approved family-relative petition, Form I-130. Each asked for a continuance. The IJ denied the request and ordered removal. The Seventh Circuit denied appeal after first determining that it had jurisdiction over the rulings on continuances. Appeal from revocation of an I-130 petition by one petitioner's son has already been denied, so a continuance would serve no purpose. The IJ provided a sound reason in the other case; the petitioner's four-year delay.
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