Tuesday, January 17th, 2017

Matter of Sanchez Sosa, ID 3753, 25 I&N Dec. 807 (BIA 2012)

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Matter of Sanchez Sosa, ID 3753, 25 I&N Dec. 807 (BIA 2012) - (1) In determining whether good cause exists to continue removal proceedings to await the adjudication of an alien’s pending U nonimmigrant visa petition, an Immigration Judge should consider (1) the response of the Department of Homeland Security to the alien’s motion to continue; (2) whether the underlying visa petition is prima facie approvable; and (3) the reason for the continuance and other procedural factors.  (2) To establish prima facie eligibility for a U nonimmigrant visa, an alien must have suffered substantial physical or mental abuse as the innocent victim of a qualifying crime for which the alien has been, is being, or will be helpful to law enforcement, which ordinarily requires an approved law enforcement certification.  (3) An alien who