BIA Ends Presumption Favoring U Visa Continuances in Removal Proceedings
Friday, October 16, 2026 at 1:03PM October 16, 2026 | MELTSER LAW GROUP | Immigration News
The Board of Immigration Appeals issued Matter of L. RAMIREZ, 30 I&N Dec. 157 (BIA 2026), today, changing the standard for postponing removal proceedings while a U visa petition is pending.
What changed?
The Board overruled Matter of Sanchez Sosa, eliminating the presumption favoring a continuance for a prima facie approvable U visa petition. A continuance remains possible when good cause is established.
What will judges consider?
Under Matter of L-A-B-R-, judges weigh the likelihood of obtaining relief and its effect on the removal case, together with diligence, DHS’s position, the requested delay and procedural history. Remote visa availability does not establish good cause. The Board reaffirmed Matter of Quintero: applicants have no entitlement to keep proceedings open until a visa becomes available.
Practical implications
Applicants should review court deadlines, petition evidence and alternative relief with counsel. A pending petition should not be treated as assurance that the court will postpone the case.
Read the official decision (October 16, 2026).
Contact MELTSER LAW GROUP at (847) 444-9000 or schedule a consultation.
General information, not individualized legal advice. Case-specific facts and controlling court law require review.