The Board of Immigration Appeals has overruled Matter of Sanchez Sosa, holding that there is no presumption in favor of a continuance for a non-citizen with a prima facie approvable U visa petition pending before USCIS. The Board explained that Sanchez Sosa predated the Attorney General's decision in Matter of L-A-B-R- and did not consider visa availability, and that U visa wait times are now often years or decades because of the statutory cap and excess demand.
Applying the L-A-B-R- good cause framework, the Board found that the primary factors, the likelihood of obtaining the collateral relief and its effect on the outcome, favored the respondent, but that the secondary factors weighed more heavily against a continuance. The request was open-ended, the petition had been pending for years with no evidence of imminent adjudication, the respondent waited about 18 months after the qualifying crime to file, DHS opposed the continuance, and he had conceded removability and sought no other relief. The Board reaffirmed Matter of Quintero that non-citizens are not entitled to delay removal proceedings pending visa availability and dismissed the appeal.
The full text of Matter of L. Ramirez can be found here: https://www.justice.gov/eoir/media/1466591/dl?inline