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Precedent Rule Governing Denial of Continuances for Legal Counsel in Removal Proceedings (Matter of A-K-R-)

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryUnited States
Operative dateAugust 14, 2026
CategoryRemoval adjudications / procedural due process
Policy toolLegal interpretation / binding precedent
Affected groupRespondents in removal proceedings seeking continuances to secure counsel

Policy effect

The Board of Immigration Appeals modified Matter of C-B-, establishing that the only statutory or regulatory time requirement necessary to safeguard an alien's privilege of legal counsel is that the first hearing may not be scheduled earlier than 10 days after service of the NTA, and affirming the denial of further continuances to seek counsel where good cause is not shown. Phase scope: Nationwide across all EOIR Immigration Court proceedings

Conditions and exceptions

Validated condition or limit: The Board of Immigration Appeals modified Matter of C-B-, establishing that the only statutory or regulatory time requirement necessary to safeguard an alien's privilege of legal counsel is that the first hearing may not be scheduled earlier than 10 days after service of the NTA, and affirming the denial of further continuances to seek counsel where good cause is not shown.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Cite as 29 I&N Dec. 839 (BIA 2026) Interim Decision #4234 Matter of A-K-R-, Respondent Decided August 14, 2026 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals (1) The Immigration Judge properly denied the respondent’s request for a further continuance to seek legal counsel based on a lack of good cause, consistent with the governing statutes and regulations. (2) The only statutory or regulatory time requirement that is necessary to safeguard an alien’s privilege of legal counsel is that the first hearing may not be scheduled earlier than 10 days … after service of the notice to appear as set forth in section 239(b)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1229(b)(1). Matter of C-B-, 25 I&N Dec. 888 (BIA 2012), modified. FOR THE RESPONDENT: Pro se FOR THE DEPARTMENT OF HOMELAND SECURITY: Jae Il Lee, Counsel BEFORE: Board Panel: MALPHRUS, Chief Appellate Immigration Judge; HUNSUCKER and CHABAN, Appellate Immigration Judges. MALPHRUS, Chief Appellate Immigration Judge: The respondent, a native and citizen of India, appeals the March 18, 2026, decision of the Immigration Judge denying his request for a continuance, deeming his … the text of the statute and is dicta. 1 We withdraw from this statement 0F0F in Matter of C-B- as setting forth a statutory or regulatory mandate. See INA § 239(a)(1)(E), (b)(1), (b)(3), 8 U.S.C. § 1229(a)(1)(E), (b)(1), (b)(3). Thus, the only statutory or regulatory time requirement that is necessary to safeguard an alien’s privilege of legal counsel is that the first hearing may not be scheduled earlier than 10 days after service of the notice to appear. INA § 239(b)(1), 8 U.S.C. § 1229(b)(1). The respondent’s first hearing occurred 26 days after the service of his notice to appear, and the …
Executive Office for Immigration Review / Board of Immigration AppealsMatter of A-K-R-, 29 I&N Dec. 839 (BIA 2026)Open official source
Retrieved from https://justice.gov/eoir/media/1458041/dl?inline=

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record fcp5-9ebea6fe49635bd679ad. Something wrong? Flag this record.

Other United States changes operative in 2026