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Immigration Law

: Greg Siskind's Blog

SUPREME COURT RULES IN FAVOR OF IMMIGRANT IN DEPORTATION CASE

By Greg Siskind

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I was a little surprised to see a decision on a relatively narrow and unusual set of facts come out of the Supreme Court given other issues that loom that seem to affect a lot more cases. The crux of the case is that when someone is in deportation proceeding and accepts a voluntary departure, they can now, under the Supreme Court ruling, seek to withdraw the motion for voluntary departure if they make the request before the departure date. The Board of Immigration Appeals and the 5th Circuit sided with the government's position that a voluntary departure motion could not be withdrawn.

Here is the AP's take on the case as well as the actual decision text. Download dada.pdf

Full post as published by Greg Siskind's Blog on June 16, 2008 (boomark / email).

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