Manik Ahmed was working as a chef specializing in Indian cuisine at a Los Angeles restaurant when he applied for a permanent work visa, called an I-140, in 2003. The U.S. Department of Homeland Security denied his request, but he appealed through an administrative process.
While waiting for his appeal to be decided, Ahmed, a citizen of Bangladesh who had come illegally to the United States in 1995, was notified that the federal government had begun removal proceedings against him. During his first hearing before an immigration judge, he sought a continuance pending the resolution of his administrative appeal. An immigration judge in Los Angeles initially granted that request for six months. But during his next hearing, in 2005, the judge took a different stance.
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