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HASHMI v. ATTORNEY GENERAL OF U.S.

No. 06-3934.

531 F.3d 256 (2008)

Ajmal Hussain Shah HASHMI, Petitioner v. ATTORNEY GENERAL OF THE UNITED STATES, Respondent.

United States Court of Appeals, Third Circuit.

Opinion Filed: July 7, 2008.

Attorney(s) appearing for the Case

Regis Fernandez, [Argued], Newark, NJ, for Petitioner Ajmal Hussain Shah Hashmi.

Christina B. Parascandola, [Argued], Richard M. Evans, Joan E. Smiley, Allen W. Hausman, United States Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent, Michael B. Mukasey, United States Attorney General.

Before: FUENTES, JORDAN, Circuit Judges, and DITTER, District Judge.

OPINION

FUENTES, Circuit Judge.

Petitioner Ajmal Hussain Shah Hashmi's removal proceedings were adjourned on multiple occasions while he awaited adjudication of his pending I-130 application (a claim for residency based on his marriage to a United States citizen). After eighteen months had elapsed, the Immigration Judge ("IJ") denied a further continuance — despite the government's consent — because...

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