[DOWNLOAD] "Hoxha v. Holder" by United States Court of Appeals for the Eighth Circuit ~ eBook PDF Kindle ePub Free
eBook details
- Title: Hoxha v. Holder
- Author : United States Court of Appeals for the Eighth Circuit
- Release Date : January 02, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Petitioners Ilir Hoxha (Hoxha), his wife Fjoralba, and his daughter Brenda, petition for review of the order of the Board of Immigration Appeals (BIA), which affirmed the denial by the Immigration Judge (IJ) of Hoxhas application for asylum and withholding of removal. Hoxha contends that we should grant the petition for review because the IJ abused his discretion by denying a motion by counsel for a continuance. The government asserts that we lack jurisdiction to review this contention because, although Hoxha raised this point in his Notice of Appeal filed with the BIA, he did not address the issue in the brief he filed thereafter. In short, the government asserts that Hoxha failed to exhaust the issue. For the reasons set forth below, we conclude that the issue was exhausted and that we have jurisdiction. Nonetheless, because the BIA did not address whether the IJ erred by denying the motion for a continuance, we will remand this case to the BIA for it to address that issue in the first instance pursuant to I.N.S. v. Ventura, 537 U.S. 12, 17 (2005).