Basiru George v. U.S. Attorney General


USCA11 Case: 20-13785 Date Filed: 07/08/2022 Page: 1 of 5 [DO NOT PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________ No. 20-13785 Non-Argument Calendar ____________________ BASIRU GEORGE, Petitioner, versus U.S. ATTORNEY GENERAL, Respondent. ____________________ Petition for Review of a Decision of the Board of Immigration Appeals Agency No. A216-634-062 ____________________ USCA11 Case: 20-13785 Date Filed: 07/08/2022 Page: 2 of 5 2 Opinion of the Court 20-13785 Before ROSENBAUM, GRANT, and BLACK, Circuit Judges. PER CURIAM: Basiru George, a native and citizen of Gambia, seeks review of the Board of Immigration Appeals’ (BIA) final order affirming the immigration judge’s (IJ) denial of his motion for a continuance of his removal proceedings. George asserts his United States citi- zen son filed an I-130 Petition for Alien Relative that was prima fa- cie approvable, and the agency abused its discretion in denying his motion for a continuance to await adjudication of that petition. Af- ter review, 1 we deny George’s petition. An I-130 petition establishes there is a legal relationship be- tween the petitioner, a U.S. citizen, and the beneficiary, an alien. Alvarez Acosta v. U.S. Att’y Gen., 524 F.3d 1191, 1194 n.6 (11th Cir. 2008). Filing the petition is the first step in a process to adjust an 1 We review the decision to deny a motion for a continuance for abuse of discretion. Merchant v. U.S. Att’y Gen., 461 F.3d 1375, 1377 (11th Cir. 2006). “When reviewing the denial of discretionary relief, we consider whether the exercise of discretion was arbitrary and capricious.” Ferreira v. U.S. Att’y Gen., 714 F.3d 1240, 1243 (11th Cir. 2013) (quotations omitted). We review only the decision of the BIA, except to the extent the BIA expressly adopts or explicitly agrees with the IJ’s opinion. Jeune v. U.S. Att’y Gen., 810 F.3d 792, 799 (11th Cir. 2016). Although the BIA did not expressly adopt the IJ’s reason- ing in full, it “discern[ed] no basis on which to disturb” the IJ’s decision. Ac- cordingly, we consider both the BIA’s decision and the findings of the IJ, to the extent the BIA relied on them. See id. USCA11 Case: 20-13785 Date Filed: 07/08/2022 Page: 3 of 5 20-13785 Opinion of the Court 3 alien’s status to that of a lawful permanent resident. Id. The At- torney General may, in his discretion, adjust the status of an alien who was inspected and admitted or paroled into the United States if (1) the alien applies to adjust status; (2) the alien is eligible for an immigrant visa and is admissible for permanent residence; and (3) an immigrant visa is immediately available when he filed his ap- plication. 8 U.S.C. § 1255(a). An IJ may “grant a motion for continuance for good cause shown.” 8 C.F.R. § 1003.29. The movant bears the burden of es- tablishing good cause for a continuance. Matter of L-A-B-R-, 27 I. & N. Dec. 405, 413 (AG 2018). In considering a motion for a con- tinuance, the agency must articulate or …

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