Siahaan

MEMORANDUM *

Luhut Siahaan petitions for review of the Board of Immigration Appeals’ (“BIA”) decision affirming the Immigration Judge’s (“IJ”) denial of his request for a continuance of his removal proceeding. We grant the petition and remand.

Siahaan contends that the denial of his request for a continuance amounted to an abuse of discretion, 1 since at the time of his removal proceeding, his wife had already begun the application process for adjustment to lawful permanent status. It is true that if Siahaan’s wife successfully •adjusted her status then Siahaan would also be eligible for status adjustment, after which he could remain in the United States legally. See 8 U.S.C. § 1255 (i)(l)(B) (providing that the “spouse” of an alien eligible under the statute is likewise eligible for relief). Even so, Siahaan’s wife had merely begun the first step of the lengthy status adjustment process: Her employer had filed an application for labor certification. See Khan v. Attorney Gen., 448 F.3d 226 , 228 n. 2 (3d Cir.2006) (describing the status adjustment process generally). The IJ was not compelled to grant a continuance while so many uncertainties remained. See 8 C.F.R. § 1003.29…