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I'm in removal proceedings before an Immigration Court, can I request continuance or administrative closure based on

Miami, FL |

the Immigration Reform that hopefully will pass by the Congress and become law? Only relief is a petition for a USC mother to a not married adult son which visa is not available yet. Would all the Judges receive moratorium instructions on all pending removal proceedings on low-priority cases? Thanks for your input.

Attorney Answers 5


  1. You can ask for whatever you want but requests based on things that do not yet exist are not likely to be approved. You should hire an attorney to help

    The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.


  2. I agree with my colleague. You are not likely to get a continuance in your removal proceedings based on the possibility that some future immigration reform may or may not pass. Please consult with a qualified immigration lawyer.


  3. You can ask for it. The response is going to depend on the jurisdiction, the judge, and whether you have received multiple continuances in the past. Another option is to request a continuance to try to get prosecutorial discretion, which most judges approve, and hope that the law passes before the date of the next hearing.


  4. You can ask for it but it almost certainly will be denied. Hire an attorney before your situation gets worse.

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.


  5. I cannot envision any Judge granting a continuance based on a proposed law. You may be able to get a continuance based on other grounds. Consult with an attorney

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104

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