Ahmed

BACKGROUND

Ahmed is a forty-six year old native and citizen of Bangla- desh. He admits he entered the United States illegally near Los Angeles without inspection sometime during 1995.

Ahmed applied for and received labor certification from the Department of Labor on April 16, 2001. He worked as a chef at the Makkah Halal Tandoori Restaurant in Los Angeles. He specialized in preparing Indian cuisine. On October 2, 2003, Ahmed submitted an I-140 petition.

While Ahmed’s I-140 petition was pending, the govern- ment initiated removal proceedings against him. Ahmed appeared before the IJ on July 27, 2004; the IJ continued the matter until February 1, 2005, pending a decision on his I-140 petition. That petition subsequently was denied by the Depart- ment of Homeland Security (“DHS”), and Ahmed appealed the denial to the AAO.

At the time of Ahmed’s second appearance before the IJ on February 1, 2005, his appeal of the denial of his I-140 petition was still pending. Ahmed requested an additional six-month AHMED v. HOLDER 7637 continuance, to await the AAO’s decision. The government did not oppose Ahmed’s request. The IJ nonetheless denied the continuance, declaring…