Good cause is the current standard for continuances in immigration proceedings.
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While continuances can help immigrants mount an effective case, they also have a downside.
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A 2012 DOJ Office of the Inspector General report found that more than half of cases examined involved continuances — and one-quarter of all continuances involved requests from the immigrant to delay a case while an application was filed or processed (or a background check was completed).
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To give migrants the time they needed to prepare for court, judges would have to offer continuances.
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Between 2006 and 2015, the use of continuances increased by 23%, according to the latest government data available.
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"Any continuances would be requested by Depp or the judge, not Heard or her legal team," the source said.
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We're told after constant requests from Eason for continuances, the court finally ordered him to appear at a hearing.
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The Trump administration, though, has started opposing continuances for what they consider outside matters, pushing judges to not grant them.
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Sometimes, continuances are requested because the immigrant in question is also involved in another legal proceeding that's relevant to the case.
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It's hired new judges, implemented performance quotas based on the number of cases judges complete and how few get appealed, and restricted the use of continuances.
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Besides, a recent government report found that nearly 90 percent of continuances (postponements) on the immigration dockets were attributable to factors outside the control of judges.
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And on Thursday, the district attorney in Boston, Rachael Rollins, said prosecutors would ask for 60-day continuances in criminal cases in which defendants are not in custody.
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Granting continuances solely for good cause would be an "important check on immigration judges' authority" and demonstrate public interest in "expeditious enforcement of the immigration laws," Sessions said.
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Prior to the directives, asylum seekers could request continuances if they needed more time to retain or consult with a lawyer or gather evidence, according to the complaint.
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Furthermore, lawyers and advocates worry that Sessions is gearing up to restrict continuances in other circumstances — like allowing immigrants time to find a lawyer or prepare a case.
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"All I see are denials [of continuances] for every U visa pending applicant in every situation," said Maureen Abell, an immigration attorney at the Charlotte Center for Legal Advocacy.
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Putting them on a timeclock will force them to conduct cursory reviews, limit the time for respondents to present evidence, and lead to the denial of valid requests for continuances.
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Sessions goes on to allege that "representatives of illegal aliens" — those he has referred to as "dirty immigration lawyers" — have used tactics designed to delay, such as requesting continuances to prepare cases.
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And just last week, the attorney general published an additional precedent decision, Matter of L-A-B-R, that limits the discretion of immigration judges to grant "continuances," another key docketing tool.
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" Sessions, in an interim order that was criticized by some lawyers, said the "good-cause" standard "limits the discretion of immigration judges and prohibits them from granting continuances for any reason or no reason at all.
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The lawsuit, brought against the Department of Homeland Security and USCIS, also challenges a directive to do away with "continuances" to prepare for interviews, as well as bring an end to in-person legal orientation for vulnerable populations.
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"ICE has been opposing continuances and also refusing to grant discretion for U Visa applicants with removal orders to remain pending the outcome of their visa petitions," explained Cristina Velez, a staff attorney at New York University's Immigrant Defense Initiative.
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"That dereliction of its statutory duty must be promptly addressed by this Court as it has already harmed Bariven by keeping it in the dark about the case, the plea agreements and forfeitures and any requests for continuances," Bariven said.
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Over the past year, the Department of Justice (under whose authority EOIR falls) has restricted judicial independence by establishing case completion quotas, limiting the use of continuances, administrative closure and terminations, re-calendaring all 21625,2900 administratively closed cases on an already overcrowded docket of 220006,2202.
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The attorney general has also stepped into managing the immigration courts by restricting the use of continuances, which in the fast-paced detention context where my organization works are often necessary in order to have time to obtain crucial pieces of evidence and otherwise prepare for trial.
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In his other March self-referral, Sessions appears to be taking aim at "continuances" — a practice of judges kicking the can down the road in a case by scheduling it for the next available court date sometime in the future (often several months) in order for something else to be prepared or resolved.
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A strongly worded memo sent out to immigration judges in July told them to be strict about granting "continuances" (agreements to postpone resolving the case until a new hearing can be scheduled, so that immigrants can get their cases in order) so that it didn't take as many hearings to resolve a case.
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In Matter of Castro-Tum, he curtailed the power of judges to administratively close cases, and most recently in Matter of L-A-B-R-, he restricted their power to grant continuances both functions are essential tools for judges to manage their dockets, and more importantly, to ensure cases are not rushed through the process at the expense of fairness and justice.
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Rafeedie was also known for his calendar management of cases and his concern about efficient management of trials. His nickname was, "Speedie Rafeedie," because of his penchant for denying trial continuances.
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The Crime Victims' Rights Act of 2004 was named, in part, for Stephanie Roper, whose parents were not notified of trial continuances, were excluded from proceedings, and were prevented from giving a victim impact statement. The Act grants victims those and other rights in federal criminal cases.
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The Barack Obama Presidency was granted a continuance on October 21, 2009. Congress had amended the MCA, passing the Military Commissions Act of 2009, and the Department of Defense needed to create regulations to implement it. The military commissions for five other captives were granted continuances, until November 16, 2009. Ibrahim al Qosi did not attend this hearing.
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In March 2011, Stanford's attorneys argued that the defendant's right to a speedy trial had been violated. Costa, however, told the Associated Press that delays largely were the result of Stanford's own requests for continuances. In March 2012, Stanford was found guilty on 13 of 14 counts including fraud, obstructing investigators and conspiracy to commit money laundering.
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At his July 2009 hearing the court's new audio equipment malfunctioned. The Obama Presidency requested a series of continuances, so it could study alternatives to the military commission system. Paul granted a final continuance on October 21, 2009. On December 3, 2009, Paul convened the first hearing of a military commission following the October 2009 passage of the Military Commissions Act of 2009.
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Judge Aiken began trying the arrested protesters on June 17. His handling of the cases of those arrested has received criticism from several people and organizations such as the United States Department of Justice. During the trials Aiken refused to give out bills of particulars or grant continuances or bail. He also announced guilty verdicts from a pre-typed script and made it nearly, if not completely, impossible for the defendants to appeal their sentences.
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In December 1847, Judge Hamilton granted Scott a new trial. Emerson appealed this decision to the Supreme Court of Missouri, which affirmed the trial court's order in 1848. A major fire, a cholera epidemic, and two continuances made the new trial not begin until January 1850. While the case awaited trial, Scott and his family were placed in the custody of the St. Louis County Sheriff, who continued to lease out the services of Scott and his family.
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Over the objections of the prosecutors the defense attorneys asked for and were granted continuances to study the charges and detailed information. They were later released on $50,000 bail each and the venue was moved to Vermillion County with Judge Peter J. Marietta presiding. Torch Newspapers would start a campaign to collect funds to rebuild the bridge but as of 2015 the Red Bridge has not been rebuilt or replaced. The stones in the three abutments may have been used on the new Bridgeton Covered Bridge and the road is closed.
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The convicts were transported from the island to the U.S. District Court in Tacoma for arraignment on four separate occasions and each time postponed a plea. Judge Yankwich, visiting from Los Angeles, was convinced the men were making as many trips as possible, hoping for an opportunity to escape. The judge finally declared that he was not going to be a party to any more commuting and would grant no more continuances. On Saturday, July 20, Cretzer and Kyle entered pleas of not guilty and Judge Yankwich set the trial date for August 22, 1940.
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The use of writs limited the jurisdiction of all other courts and transferred jurisdictions of lord and county courts to the King's Court. The mechanics of the eyre were used for a new institution, where several counties were combined into a circuit and a judge was appointed to ride the circuit, bringing the King's Court to every part of the kingdom. The general unwillingness to grant continuances (essoins) greatly reduced the time needed to complete judicial proceedings. The King's Court, through its writs, held ultimate jurisdiction in adversarial proceedings over real property.
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The absence of a party may be grounds for a continuance of a civil case.68 ALR 2nd 47047 ALR 2nd 105824 ALR Fed 9296 Am Jur Proof of Facts 434 "Insurance" Proof 2 Factors considered legitimate in an absence are illness or disability.68 ALR 2nd 470, section 10 (b)4 ALR Fed 92968 ALR 2nd 457 It must be determined by the court whether the absence of a party or witness is material to the case, and whether there have been prior continuances or delays.King v.
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Dora Doxey was charged in St. Louis County, Missouri, in December 1909 on a charge of committing bigamy with William J. Erder,"Mrs. Erder Gets Bigamy Warrant for Mrs. Doxey," St. Louis Post-Dispatch, December 1, 1909, page 1 and after many continuances, she pleaded guilty and was sentenced to jail on December 1, 1913."Mrs. Doxey Whitney Is in Clayton Jail," St. Louis Post-Dispatch, December 31, 1913, page 4 While serving time in the county jail in Clayton, Missouri, she carried on a flirtation via a series of letters and whispered conversations with another inmate, Earl Wheeler.
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After a year of continuances in Sternad's sentencing, Federal Judge Cecilia M. Altonaga sentenced Sternad in Federal Court on July 10, 2014 to seven months in prison followed by one year of probation. Following Sternad's extensive cooperation and Ana Alliegro's guilty plea in this scandal, Federal prosecutors asked for a reduction in Sternad's sentence. In consideration of Sternad's ongoing cooperation with the Federal Government, Federal Judge Cecilia M. Altonaga reduced Sternad's sentence in Federal Court on September 19, 2014 to thirty days in prison and three months' home confinement to be followed by one year of probation.
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Their inability or unwillingness to move the case forward may not be attributed to the State simply because they are assigned counsel. A contrary conclusion could encourage appointed counsel to delay proceedings by seeking unreasonable continuances, hoping thereby to obtain a dismissal of the indictment on speedy-trial grounds. Trial courts might well respond by viewing continuance requests made by appointed counsel with skepticism, concerned that even an apparently genuine need for more time is in reality a delay tactic. Yet the same considerations would not attend a privately retained counsel's requests for time extensions. There is no justification for treating defendants’ speedy-trial claims differently based on whether their counsel is privately retained or publicly assigned.
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On July 3, 2006, The Ironton Tribune reported that Szatkowski and Terry Brunk (Sabu) had been arrested on the previous evening on U.S. Route 52 in Hanging Rock, Ohio. Szatkowski had been stopped for speeding by an Ohio State Highway Patrol trooper, who discovered that he was in possession of 18 grams of hashish and five Vicodin pills, while Brunk was in possession of drug paraphernalia and nine tablets of Testolactone. Both Szatkowski and Brunk were released after posting bail, and were scheduled to appear in Ironton Municipal Court on July 6. On July 6, The Ironton Tribune reported that the court date for Szatkowski and Brunk were in limbo, as their attorneys had asked for and were granted continuances.
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On July 20, 1958, an elderly couple in Christian County, Kentucky were murdered in their home by intruders, later identified as Willie Barker and Silas Manning. Believing that the case against Manning was the stronger of the two, and that Manning's testimony was needed to convict Barker (in his own case, Manning exercised his right under the Fifth Amendment to not incriminate himself), the prosecution chose to try Manning first, hoping that once convicted, Manning would later voluntarily testify against Barker. At the outset of Manning's trial on October 23, 1958, the prosecution sought and obtained the first of what would be 16 continuances in Barker's trial. The prosecution, however, encountered numerous difficulties in getting a conviction against Manning;It would take a total of six trials before Manning was convicted of both murders.
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A West Virginia habitual criminal statute provided for a mandatory life sentence upon the third conviction "of a crime punishable by confinement in a penitentiary." The increased penalty is to be invoked by an information filed by the prosecuting attorney "immediately upon conviction and before sentence." In such proceedings, in which they were represented by counsel and did not request continuances or raise any matters in defense, but did concede the applicability of the statute to the circumstances of their cases, petitioners were sentenced to life imprisonment. Subsequently they petitioned the state supreme court (the Supreme Court of Appeals of West Virginia) for writs of habeas corpus, alleging that the Act had been applied without advance notice and to only a minority of those subject to its provisions, in violation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment.
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Although a continuance is the result of a court order that is issued by the judge in a trial or hearing, it also can come from a statute or law. The terms continuance and postponement are frequently used interchangeably.17 Am Jur 2nd "Continuance", section 1 The burden of scheduling trials, which includes assembling the witnesses, lawyers and jurors at the same time, usually is a reason not to grant continuances in criminal cases except for compelling reasons.State v. Taylor 107 NM 66, 752 P 2nd 78117 Am Jur 2nd "Continuance", section 59 A person accused of a crime has certain rights defined by the federal constitution, state constitutions and various statutes, such as the right to be represented by counsel, the right to compulsory process (issue of subpoena ad testificandum and subpoena duces tecum) to secure the attendance of witnesses, gather evidence and the right to a speedy trial.
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But on the 12th continuance (February 1962) Barker's counsel filed a motion to dismiss on speedy trial grounds, which was rejected. Barker's counsel did not object to the 13th or 14th continuances, but objected to the 15th continuance (March 1963 on the date of Barker's trial; the prosecution sought a continuance due to illness of the former sheriff, the chief investigating officer in the case) as well as the 16th continuance (June 1963, requested for the sheriff's continued illness; while granting the continuance the Circuit Court ruled that the matter had to come to trial at the next term or would be dismissed for lack of prosecution). The final trial date was set for October 9, 1963 and on that date, after Barker's counsel made another unsuccessful motion to dismiss on speedy trial grounds, the trial was finally commenced; with Manning the chief prosecution witness, Barker was convicted and given a life sentence.
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In December the committee issued the Cox-drafted report, entitled "Report on the State of the Massachusetts Court."Cox himself summarized the report in The Report's most important recommendations were a structuring of the District Courts, state assumption of the administrative costs of the courts, placing management of the court system in the hands of the chief justice of the Supreme Judicial Court, abolition of trials de novo in appeals from the District Court and tightening of the rules for remand and continuances. Despite the fact that the Governor made judicial reform along the lines of the Cox report his "top" legislative priority for 1976, and despite the fact that the proposal was supported by the newspapers of the state, and despite intense lobbying efforts by Cox himself (not only in testimony before the legislatures but also in numerous speaking events throughout the state) over the course of 1976, the legislation ultimately ran out of time in the 1977 legislative session. In the next session the bill was drastically revised, but ultimately retained the state take-over of funding and implemented some centralization and coordination.
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