Aimee J. Frederickson , Trial Attorney, ( Tony West , Assistant Attorney General, and John S. Hogan , Senior Litigation Counsel, with her on the briefs), Office of Immigration Litigation, Civil Division, Washington, D.C., for Respondent.
Before KELLY, SEYMOUR, and O'BRIEN, Circuit Judges.
United States Court of Appeals, Tenth Circuit.
O'BRIEN, Circuit Judge.
Margarito Escalera Luevano1 applied for adjustment of status during his removal proceedings based on his eligibility for an immigrant visa. He also requested an indefinite continuance in anticipation of the receipt of a visa. The immigration judge (IJ) determined he was not then eligible for adjustment of status and denied the request for a continuance because the anticipated visa would not be available for several...
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