Hashmi v. Attorney General of the United States

Petitioner Ajmal Hussain Shah Hashmis 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 governments consent -- because the case had been pending far longer than the eight-month period suggested by the "case-completion goals" set by the Department of Justice ("DOJ") for this type of case. In our view, the IJs denial of a motion for a continuance based on case-completion goals rather than on the facts and circumstances of Hashmis case was arbitrary and an abuse of discretion. Accordingly, we grant Hashmis petition for review.