"Fugitive Disentitlement Doctrine" Applied to Immigration Appeal
Martin v. Mukasey, ___F.3d___, 2008 WL 501113 (10th Cir. Feb. 26, 2008)
Appellate review of a final order of removal is barred by the “fugitive disentitlement doctrine.”After the Bureau of Immigration Appeals affirmed the immigration judge’s order of removal, petitioner failed to appear in front of the department of homeland security for removal pursuant to an order, and “absconded.” According to the 10th, this is the equivalent of being a fugitive from justice, and applies the doctrine–dismissal of appeals when appellant is on fugitive status.
Appellate review of a final order of removal is barred by the “fugitive disentitlement doctrine.”After the Bureau of Immigration Appeals affirmed the immigration judge’s order of removal, petitioner failed to appear in front of the department of homeland security for removal pursuant to an order, and “absconded.” According to the 10th, this is the equivalent of being a fugitive from justice, and applies the doctrine–dismissal of appeals when appellant is on fugitive status.
posted by Anonymous at 9:03 AM
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