In 2/12/2004's issue of Immigration Daily, Lin v. Ashcroft was titled that the IJ must refuse to "continue" the hearing, whereas in the body of your explanation, you state the opposite, that the IJ must "refuse to allow the case to go forward". It must be one or the other, and canít be both. Which is it? Hopefully your caption is incorrect and the IJ must continue the case, i.e., refuse to allow it to go forward.
Alice Yardum-Hunter, Esq.
Editor's Note: Our summary of the pertinent issue of the case stated that the holding of the court was that the IJ must refuse to allow the case to go forward. In ordinary English, this can be represented by the phrase "refuse to continue". However, as you no doubt imply, the term "continue" has a specific legal meaning within the context of a hearing before an IJ. Accordingly, we have changed the headline in our archives.
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