WU V. HOLDER

2nd Circuit

Wu v. Holder (2nd Cir., July 19, 2011)

CALABRESI, Pooler, Chin

Summary: The Second Circuit held that in an immigration case the application of the fugitive disentitlement doctrine for failure to appear for a bag and baggage letter (when a stay was in place, no less) was generally inappropriate and inefficient and rejected the application of Gao v. Gonzales, 481 F.3d 173, 175–76 (2d Cir. 2007), because in failing to respond to the letter petitioner had not tried to evade the law.

Read the opinion here.