Individual hearing rescheduled by IJ

A

akatu

Registered Users (C)
Individual hearing rescheduled by IJ after government counsel files a motion for continuance based on personal emergency (death in family).

That happened 2 days before hearing, now new date 1 year from now.

I feel devastated because it is asylum/AOS renewal hearing that was already adjourned once (again by IJ, she did not have time or will to make a decision first time of individual hearing, that should be clear in my favor).
Meanwhile I recievedapproval for correction of the record, and subsequently filed motion to court to amend, new copy of the old I-94 form that clearly shows that there was no illegal stay that USCIS has been charging me with. And I perceived that hearing would be merely formal.
Now I stuck for another year and i dont know what else these bustards will invent to further screw me up.

Any body, please, how to overcome this situation?

1)Is there any way to influance IJ or to file complaint?

2) can I request to remand my case to USCIS since they gave me the proof or their own mistake?
 
I think you should ask those questions to your lawyer. All I can tell you is that unless it was you or your counsel who requested the delay in the proceedings, you still get your work authorization 150 days after filing for asylum.

Just be patient, in my case, I was rescheduled 3 times, causing over a year in delays. I just waited, because I wasn't sure if I was going to win the case; it was all worth it in the end, since they assigned a new prosecutor and by the time of the final hearing she had not done any research on the case, so the judge granted the asylum on the spot, the whole thing lasted 5-7 minutes.
 
empanado said:
I think you should ask those questions to your lawyer. All I can tell you is that unless it was you or your counsel who requested the delay in the proceedings, you still get your work authorization 150 days after filing for asylum.

Just be patient, in my case, I was rescheduled 3 times, causing over a year in delays. I just waited, because I wasn't sure if I was going to win the case; it was all worth it in the end, since they assigned a new prosecutor and by the time of the final hearing she had not done any research on the case, so the judge granted the asylum on the spot, the whole thing lasted 5-7 minutes.
Click to expand...

Thank you for your support,

it was government counsel not mine who asked for reschedule.

I undrerstand that it is almost impossible to push IJ to bring closer hearing date although my attorney will try to ask for expedite hearing based on expiration of medicals.

I found this in operation manual for immigration courts:

IV. THE INDIVIDUAL CALENDAR HEARING

C. RELIEF FROM EXCLUSION

4. Adjustment of status.

As stated above, this remedy is
available in exclusion proceedings to a very limited extent.

a. It arises only if the alien was in the country prior to
institution of exclusion proceedings with an
adjustment application pending before the INS and
then departed under an INS grant of advance parole.

b. The Immigration Judge in that limited setting can
entertain an adjustment application if the INS denied
the application subsequent to the alien's return.

c. There may be a case where the alien in exclusion
proceedings is adjustment eligible; e.g., the alien
spouse of a United States citizen who is charged with
excludability as an intending immigrant without
valid immigrant visa. The INS may elect to allow the
alien to apply to the INS for adjustment, or decline to
entertain such application. If the INS refuses to
entertain the application, the exclusion hearing
should go forward and the alien left to any remedy at
law to compel INS action (petition for writ of
mandamus). If the INS decides to entertain the
application, the Immigration Judge has several
options in handling the exclusion case:

i. Administratively close the case, that is, take it
from the active docket and place it on the
inactive docket, where it would repose until
one of the parties asks for recalendaring.
Jurisprudence dictates that administrative
closure cannot be ordered if one of the parties
objects, except in very limited circumstances.
See Matter of Morales, 21 I&N Dec. 130
(BIA 1995).

ii. The Immigration Judge could continue the
case to await INS adjudication on the
application for adjustment. The caveat here is
that INS does not always act with dispatch
and the Immigration Judge may have to
continue the case over an extended period of
time, from one master calendar to the next,
awaiting INS action.

iii. The Immigration Judge could proceed with
hearing to a decision, observing that, if the
alien is ordered excluded but later granted
adjustment, this would be a "new fact" the
applicant could use to support a motion to
reopen exclusion proceedings. The
disadvantage to this course of action is that it
generates litigation, and an appeal, when this
might be avoided if the INS could act
promptly on the adjustment application.


Because I am eligible for AOS, can I entertain this option ?
 
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