product of a legal error or a clearly erroneous factual finding — cannot be located within the range of permissible decisions,” Morgan, 445 F.3d at 551-52 (alterations and internal quotation marks omitted). Here, the IJ did not abuse his discretion in denying Johnson a continuance to file an 1-360 petition. The IJ reasonably considered the factors set forth in Matter of Hashmi, 24 I. & N. Dec. 785, 790 (B.I.A.2009). See Flores v. Holder, 779 F.3d 159, 164 (2d Cir.2015). Further, because Johnson had not yet filed her 1-360 petition or presented evidence to demonstrate that such a petition would be prima facie ap-provable, her eligibility for the underlying relief sought was merely speculative. See Morgan, 445 F.3d at 551-52; see also Elbahja v. Keisler, 505 F.3d 125, 129 (2d Cir.2007) (<HOLDING>). We have considered all of petitioner’s
holding that the act of slamming  is objectively sufficiently serious to state a claim for relief under the eighth amendment alterations and some internal quotation marks omitted holding that an appeal is not moot so long as the appellate court can fashion relief that is both effective and equitable internal quotation marks omitted alteration in original holding that the agency did not abuse its discretion in declining to grant a continuance where the petitioner was only at the first step in a long and discretionary process and relief was speculative at best alterations and internal quotation marks omitted recognizing that procedural sentencing error is harmless if the resulting sentence is not longer thanthat to which the defendant would otherwise be subject alterations and internal quotation marks omitted recognizing that party is not permitted to use the accident of a remand to raise an issue that it could just as well have raised in the first appeal internal quotation marks and alterations omitted