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BADWAN v. GONZALES

Nos. 05-4412, 06-3404.

494 F.3d 566 (2007)

Abdulbaset Mohamad BADWAN, Petitioner, v. Alberto R. GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 18, 2007.

Attorney(s) appearing for the Case

ARGUED: Russell R. Abrutyn, Marshal E. Hyman & Associates, Troy, Michigan, for Petitioner. Keith I. McManus, United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Russell R. Abrutyn, Marshal E. Hyman, Marshal E. Hyman & Associates, Troy, Michigan, for Petitioner. Keith I. McManus, United States Department of Justice, Washington, D.C., for Respondent.

Before: NORRIS, GILMAN, and SUTTON, Circuit Judges.

OPINION

SUTTON, Circuit Judge.

Abdulbaset Mohamad Badwan contends that the Immigration Judge, seconded by the Board of Immigration Appeals, abused his discretion in denying Badwan's unopposed motion for a continuance to present evidence in support of his application for adjustment of status. We agree, reverse and remand for further proceedings.

I.

Badwan is a 62-year-old native and citizen of Jordan. After legally entering the United States...

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