Masih v. Mukasey, 536 F.3d 370 (5th Cir. 2008)
Jan 01, 2008OUTCOME: Petition for Review Granted
In Masih v. Mukasey, George Masih, a native and citizen of Pakistan, sought review of the BIA‘s decision to deny his request for continuance or abeyance of his removal proceedings while he adjusted sta ... tus. Based on its conclusion that Masih had been statutorily eligible for adjustment and the failure of the BIA and IJ to apply OI 245.4(a)(6) or consider its own precedent, the Fifth Circuit held that the BIA had abused its discretion in denying Masih‘s request for continuance or abeyance.The Fifth Circuit remanded the matter to the BIA for it to remand to the IJ with instructions to reconsider under this opinion as well as OI 245.4(a)(6) and Matter of Ho.
