Kwak v. Holder, 607 F.3d 1140 (6th Cir. 2010), http://www.ca6.uscourts.gov/opinions.pdf/10a0176p-06.pdf.
The court affirmed the denial of a continuance. The alien requested a continuance to await the outcome of an I-140 appeal to the AAO. The court found no abuse of discretion because the I-140 petition was still pending and the USCIS had previously denied the alien's petition and it had also denied his affirmative adjustment of status application and I-601 waiver.
The court affirmed its jurisdiction to review denials of continuances because the IJ's authority to continue proceedings derives from 8 C.F.R. s 1003.29, not the INA. See Kucana v. Holder, 130 S. Ct. 827 (2010).
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