Blow to U Visa Cases

The Board of Immigration Appeals (BIA) issued a decision in Matter of Pinzon Rozo, 29 I&N Dec. 507 (BIA 2026) holding that it was error for the immigration judge to grant a continuance where the respondent had an approved SIJ petition but a non-current priority date.

The Board wrote:

In this case, the uncertain and potentially lengthy period of time until a visa would become available to the respondent, along with DHS’ opposition to the respondent’s motion for a continuance, strongly weigh against continuing removal proceedings to await the respondent’s potential eligibility for adjustment of status.

Prospectively, immigration judges will be denying motions to continue cases such as these. Further, ICE counsel will start going through previous cases where such continuances were granted and will file motions to recalendar in order to seek resolutions to any pending case.