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Pawlowska v. Holder, 09-3790

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By FindLaw Staff on October 22, 2010 4:30 PM

Petition for review a BIA's affirmance of IJ's denial of a Polish citizen's requests for continuance and voluntary departure denied for lack of jurisdiction

Pawlowska v. Holder, 09-3790, concerned a Polish citizen's petition for review a BIA's affirmance of an IJ's denial of her requests for a continuance and voluntary departure, on the ground that she participated in a sting operation conducted by the former Immigration and Naturalization Service (INS), the FBI, and the Social Security Administration to fraudulently obtain permanent resident status.

In dismissing the petition for lack of jurisdiction, the court held that, under section 1252(a)(2)(B)(i), a continuance decision ancillary to an adjustment of status application, as well as the IJ's denial of petitioner's request for voluntary departure, bars judicial review.

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