Kadavil v. Gonzales

* Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
United States Court of Appeals
Fifth Circuit
F I L E D
May 17, 2006
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-60713
Summary Calendar
JOBI KURIAN KADAVIL,
Petitioner,
versus
ALBERTO R. GONZALES, U.S. ATTORNEY GENERAL,
Respondent
--------------------
Petition for Review of a Decision of the
Board of Immigration Appeals
BIA No. A95 606 098
--------------------
Before KING, DeMOSS, and PRADO, Circuit Judges.
PER CURIAM:*
Jobi Kurian Kadavil, a citizen of India, petitions for
review of the decision of the Board of Immigration Appeals that
affirmed the Immigration Judge’s (IJ) order of removal. Kadavil
contends that the IJ erred by denying his final motion for a
continuance so that he could pursue a T-1 visa application
because he was a victim of a severe form of human trafficking.
Our review is for abuse of discretion, see Manzano-Garcia v.
Gonzales, 413 F.3d 462, 466 (5th Cir. 2005), and we find no abuse

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No. 05-60713
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of discretion in Kadavil’s case. First, the IJ had previously
granted Kadavil one continuance to pursue a nonimmigrant worker
application and two continuances to pursue his T-1 application.
Second, the evidence indicated that the T-1 application would be
denied initially. Third, Kadavil did not present the
documentation needed to support his T-1 application, see 8 CFR
§ 211(a), and the evidence in the record did not indicate when,
or even whether, the T-1 application would be supplemented. The
IJ gave Kadavil ample time to pursue relief, yet Kadavil did not
demonstrate that he had submitted a T-1 application that would be
seriously considered.
PETITION DENIED.

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