9th Circuit Case Granted
Case was denied at Immigration Court level because continuance was denied due to fact that an H-1B application was pending at the AAU. Board of Immigration Appeals denied. 9th Circuit Petition for Review granted in part stating that Immigration Judge was incorrect in denying case and that it was an abuse of discretion. Congress has also authorized the court of appeals to hear or rehear cases before the court
en banc. 28 U.S.C. § 46. Although in other circuits the en banc court consists of all active judges, the Ninth Circuit convenes a “limited en banc court” composed of the Chief Judge Kozinski and ten other judges selected at random for each case. 28 U.S.C. § 46(c); 9th Cir. R.
35-3.1 Pursuant to Ninth Circuit Rule 35-3, in the absence of Chief Judge Kozinski, an 11th active judge will be drawn by lot, and the most senior active judge on the panel shall preside.
