RAJAH v. MUKASEY

Docket No. 06-3493-ag.

544 F.3d 449 (2008)

Mohamed RAJAH, Petitioner, v. Michael B. MUKASEY, as Attorney General of the United States; Michael Chertoff, as Secretary of the U.S. Department of Homeland Security; and Martin Ficke, as Special Agent-in-Charge of the New York District of the U.S. Immigration and Customs Enforcement, Respondents.

United States Court of Appeals, Second Circuit.

Decided: September 24, 2008.


Attorney(s) appearing for the Case

Ann C. Pottratz, (Wanyong Austin, on the brief), Lutheran Social Services of N.Y., New York, N.Y., for Petitioner.

Song E. Park, (Peter D. Keisler, Assistant Attorney General, M. Jocelyn Lopez Wright, Assistant Director, on the brief), Office of Immigration Litigation, Washington, D.C., for Respondents.

Before: WINTER, WALKER, and CALABRESI, Circuit Judges.


CALABRESI, Circuit Judge:

This case presents us with the thorny task of reviewing a discretionary determination of the Immigration courts — whether or not to grant a continuance — a determination that must lie, as we have said, "within the range of permissible decisions." Morgan v. Gonzales, 445 F.3d 549, 552 (2d Cir.2006) (quoting Zervos v. Verizon New York, Inc., 252 F.3d 163

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