Decision date: 2022-01-06

Holding that the IJ abused his discretion in denying Garcia Cabrera's motion for a continuance on the basis that she failed to show good cause. The Court highlighted that both the BIA and IJ departed from established policies and precedent, including Matter of Sanchez Sosa, 25 I&N Dec. 807, 815 (BIA 2012),which held that movants who've filed a prima facie approvable application for a U visa warrant a favorable exercise of discretion for a continuance for a reasonable period of time, and the BIA failed to consider primary factors—as described in Matter of L-A-B-R, 27 I&N Dec. 405, 406 (A.G. 2018)-—that weighed in Garcia Cabrera's favor.

Publication Status: Published

Case judge: Motz, Quattlebaum, Rushing

Decision: Garcia Cabrera v. Garland, 21 F.4th 878 (4th Cir. 2022)