Jiang, et al. v. Holder, Jr., No. 06-73470 (9th Cir. 2011)Annotate this Case
Petitioner, a native and citizen of China, petitioned for review of the BIA's decision denying his applications for adjustment of status, asylum, withholding of removal, and protection under the Convention Against Torture. Petitioner also appealed both the IJ's denial of his motion for a continuance and the BIA's denial of his motion to remand to the IJ for reconsideration of his application for adjustment of status. The court held that substantial evidence did not support the IJ's finding, and the BIA's conclusion, that petitioner was married and thus ineligible for adjustment of status as the unmarried son of a United States citizen. The court also held that the IJ abused her discretion by denying petitioner's motion for a continuance, and the BIA erred in upholding the denial. Therefore, the court granted the petition as to petitioner's adjustment of status application and remanded to the BIA for further proceedings.