Professional Documents
Culture Documents
No. 10-2383
ZAFAR MAHMOOD,
Petitioner,
v.
ERIC H. HOLDER, JR., Attorney General,
Respondent.
Submitted:
June 7, 2011
Decided:
Anser
Ahmad,
ADVANCED IMMIGRATION
LAW
GROUP,
Harrisburg,
Pennsylvania, for Petitioner.
Tony West, Assistant Attorney
General, Lyle D. Jentzer, Senior Litigation Counsel, Aaron R.
Petty,
Office
of
Immigration
Litigation,
UNITED
STATES
DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.
PER CURIAM:
Zafar
Mahmood,
native
and
citizen
of
Pakistan,
(Board)
dismissing
his
appeal
from
the
immigration
its
discretion
in
upholding
the
immigration
judges
See
Lendo v. Gonzales, 493 F.3d 439, 441 (4th Cir. 2007); Onyeme v.
INS, 146 F.3d 227, 231 (4th Cir. 1998).
or
it
rested
on
an
impermissible
basis,
e.g.,
the
immigration
judge
noted
that
Mahmood
had
more than ample time to present any and all applications for
relief.
the immigration judge for more than five years, and yet he did
not seek to file an application for asylum until after it became
clear
that
he
was
ineligible
for
adjustment
status. 1
of
one-year
time
limitation.
Because
the
agency
offered
the
process.
denial
of
continuance
violated
his
right
to
due
Cir. 2008); accord Rusu v. INS, 296 F.3d 316, 320-22 (4th Cir.
2002).
evidence
would
have
presented
in
support
of
an
asylum
the
outcome
of
his
case
and
therefore
cannot
is
609
squarely
F.3d
foreclosed
314,
320
by
(4th
our
Cir.
This argument,
decision
2010).
in
In
Suisa
v.
Suisa,
we
1255(i)
and
valid
rulemaking authority.
the
denial
of
his
exercise
Id.
of
the
Attorney
Generals
application
for
adjustment
of
status
is
therefore
with
oral
deny
argument
the
petition
because
the
for
review.
facts
and
We
legal
PETITION DENIED