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WU v. HOLDER

No. 08-60073.

571 F.3d 467 (2009)

Hing Chuen WU, also known as Hing Cheun Wu, also known as Huang Cheung Wu, also known as Hing C. Wu, also known as Hing Wu, Petitioner, v. Eric H. HOLDER, Jr., U.S. Attorney General, Respondent.

United States Court of Appeals, Fifth Circuit.

June 11, 2009.

Attorney(s) appearing for the Case

Scott Eric Bratton (argued), Margaret Wong & Associates, Cleveland, OH, for Wu.

Joseph D. Hardy (argued), Thomas Ward Hussey, Director, U.S. Dept. of Justice, OIL, Washington, DC, Guadalupe R. Gonzales, Imm. & Customs Enforcement, Chief Counsel's Office, El Paso, TX, for Respondent.

Before JOLLY, PRADO and SOUTHWICK, Circuit Judges.

PRADO, Circuit Judge:

The sole question in this petition for review of a Board of Immigration Appeals ("BIA") decision is whether the Immigration Judge ("IJ") abused his discretion by denying Petitioner Hing Chuen Wu's ("Wu") motion for a third continuance pending the adjudication of his wife's I-130 visa petition.1 Wu relies primarily on Matter of Garcia, 16 I. & N. Dec. 653 (BIA 1978), to argue that the IJ erred in denying...

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