| 

Updates by circuit:

NIJC Immigration Blog RSS Feed Immigration Litigation Update

A daily digest of immigration-related federal court decisions from around the United States.


Home arrow Immigration Litigation Update arrow 2d Cir: CAT deferral never law of case, Govt can reopen; but reverses on IJ bias

2d Cir: CAT deferral never law of case, Govt can reopen; but reverses on IJ bias Print E-mail
Thursday, 19 June 2008

Ali v. Mukasey (2d Cir. 6/19/08)

CALABRESI Kearse Katzmann

The 2d Cir held that CAT deferral is basically never permanent - that DHS is not precluded by the law of the case from reopening the matter (though CtApp noted that it would feel differently if DHS tried repeatedly to reopen a case).  The CtApp reversed, finding that the IJ abrogated his duty to be fair and impartial, and showed bias against homosexuals.  Remanded with instructions for new hearing before different IJ.

 

Read opinion here: 

Comments
Add NewSearch
Write comment
Name:
Website:
Title:
UBBCode:
[b] [i] [u] [url] [quote] [code] [img] 
 
 
 
Security Image
Please input the anti-spam code that you can read in the image.

Copyright (C) 2007 Alain Georgette / Copyright (C) 2006 Frantisek Hliva. All rights reserved.
 
< Prev   Next >