Ankomah-Damoah v. Sessions
684 F. App'x 1
| 2d Cir. | 2017Background
- Petitioner Nana Ankomah-Damoah, a Ghanaian national, sought review of the BIA’s January 12, 2016 decision affirming an IJ’s denial of a continuance in his removal proceedings.
- Ankomah-Damoah sought a continuance to await resolution of a pending immigrant visa petition (which, if approved, would permit adjustment of status).
- The IJ denied the continuance; the IJ and BIA relied on factors including government opposition, two prior denials of the visa petition by USCIS, the statutory requirement that adjustment depends on visa approval, and a ten-year history of prior continuances while the petition was pending.
- The IJ applied the framework from In re Hashmi for evaluating continuance requests and concluded the visa petition was not prima facie approvable.
- After the IJ denied the continuance, the BIA ultimately affirmed denial of the underlying visa petition, undercutting petitioner’s claim that a continuance would have altered the outcome.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the IJ abused discretion by denying a continuance to await resolution of the visa-petition appeal | IJ should have continued proceedings until the BIA decided the visa-petition appeal; denial was premature | IJ properly weighed Hashmi factors: government opposed, petition twice denied, adjustment depends on approval, lengthy prior continuances | No abuse of discretion; denial upheld |
| Whether any alleged error was prejudicial (i.e., warranting remand) | A continuance could have resulted in visa approval and adjustment; BIA might reverse visa denial | BIA later affirmed the visa denial, making a continuance futile; any error would not change outcome | No prejudicial error; remand unnecessary under futility principle |
Key Cases Cited
- Morgan v. Gonzales, 445 F.3d 549 (2d Cir. 2006) (standard of review and abuse-of-discretion framework for continuance denials)
- Pedreros v. Keisler, 503 F.3d 162 (2d Cir. 2007) (agency not required to grant continuances when reliable basis exists that visa petition will be denied)
- Xiao Ji Chen v. U.S. Dep’t of Justice, 434 F.3d 144 (2d Cir. 2006) (futility doctrine: remand not required when it would be pointless)