Ordonez-Garay

MEMORANDUM *

Jean Carlos Ordonez-Garay petitions for review of the BIA’s order affirming the immigration judge’s (“IJ”) decision denying Ordonez-Garay’s claims for asylum, withholding of removal, and relief under the Convention Against Torture, and ordering Ordonez-Garay removed to Venezuela. Ordonez-Garay also seeks review of the BIA’s holding that the IJ did not abuse her discretion in denying Ordonez-Garay’s motion for a continuance to allow him to pursue an application for adjustment of status. We have jurisdiction pursuant to 8 U.S.C. § 1252 . We grant the petition in part and hold that the IJ abused her discretion in denying the motion for a continuance.

We review the IJ’s denial of a motion to continue proceedings for abuse of discretion. Nakamoto v. Ashcroft, 363 F.3d 874 , 883 n. 6 (9th Cir.2004).

On April 28, 2005, Ordonez-Garay filed a motion to continue his asylum hearing based on his pending request, made pursuant to the Freedom of Information Act, to obtain a copy of his immigration file. Ordonez-Garay stated he had recently married a United States citizen and was in the process of filing the documents necessary to apply for adjustment of status to that of…