court kevin murphy for the petitioner on this matter this is a request to remain back to the immigration court for further findings with regards to the discussion about the basis for a motion to continue petitioner has the burden to show a substantial basis for continuance in immigration proceedings ongoing removal proceedings and  fortunate that we have a recent case certified by the u s attorney general the former u s attorney general sessions which provides guidance to immigration judges as to when continuances can be granted in matters which involve collateral issues in the collateral issue in this matter was a labor certification labor certification that had been well underway in preparation but not yet on the face of it your honor i would agree with you but when you look behind the matter at the time the petitioner did begin his labor certification process through his employer there had been a prevailing wage determination submitted t that's correct and i was unable to file it during this earlier continuance the employer did have some difficulties in gathering tax matters in evidence of its ability to pay a wage prior to the filing for the the labor condition application he wouldn't be in a position to do that otherwise it also true that he didn't have the qualifying relative i mean obviously would have to get waiver as well so that's correct your honor but the wife was in a position to be that person at that point she was not at that point that's correct and also an indication that this was speculative at this point specular to the extent that at the time of the hearing there was very little evidence concerned that the immigration judge failed to take into consideration the matters that had to be undertaken with the department of labor but that would then serve a bit as a basis to allow him to go forward the other matter understand his point as to whether or not there was a qualifying relative for purposes of the provisional waiver and whether or not that would materially affect the outcome of the real remove proceedings that certainly is the case of the matter of l a b r set and looks like looks like as has been suggested it's highly speculative as to whether he would get it is when when you look on the face of the record your honor but when when the u s employed in the us employers business experiences take into consideration we know that it's a very solid and good faith job offer to the petition and on that basis he was willing to go forward admittedly the initial labor certification was denied and it was denied because of inability to show a prevailing wage determination by the labor department the petitioner relied on an eighty nine dollars was submitted and denied and it was the employer's intent to go forward on a new labor certification rebuttal please the court energy us on behalf of the attorney general would like to point out a couple things referencing petitioner's argument st of all this is petitioners burden to show good cause to warrant a continuance nd of all he's asking to be existing law and relied heavily on matter of rajah and the matter of fishy me factors that the board in this decision in denying its continuance relied on just going to the six hundred and one a waiver petition as wife la qualifying relative therefore isn't eligible for the six on one waiver and petitioner is trying to use his wife as his qualifying relative second of all going back to speculation the board in the matter of projects set out what immigration judges should look at when it can grant a continuance and it looked at two major factors st determine petitioner's place in the employment process for  the underlying number two the underlying visa petitions prime and number three petitioner statutorily statutory eligibility for adjustment which is also speculated and what must occur looking at number to number three what must occur for petitioner to get adjustment status would have to be a labor certification would st have to be filed then that certification would have to be approved and the i one hundred and forty dollars visa petition would have to be filed by the employer then that i won forty would have to be approved and petitioner would have to file the six don't want a i'm awful present we are and as i mentioned previously petitioners at ground zero therefore looking at the matter of r factors which are those two major factors it shows the petitioner fail to show good cause to warrant a continuance the agency did not abuse its discretion in denying that continuance and this court should uphold that agency's decision i'll take any make just a quick point as to where the petitioner was at the time that he began the labor certification process and that is he was in the d h s custody he had been arrested in new york for a operating under the influence charge those charges were ultimately ultimately dismissed and as a result of that the immigration judge can reconsider his custody and allowed him to bond out at that point the labor certification process spring into full swing in the petitioner was allowed to participate in that as well with the employer but the point to be made here is that  in reaching in when d h s made its conclusion or had had advised the immigration judge that it had had been inclined not to exercise prosecutorial discretion and petitioners the half it had not formally responded  you have any questions thank you beth thank you and we will take the matter under advisement it's time to conclude the proceedings for this morning but i just wanted to note for the record for over a decade and he will be moving on to new challenges this summer so we pause for a moment to to thank him for distinguished public service and for his help many years thank you all that is the last case on the calendar so i will ask that deputy to