Russell Abrutyn

Abrutyn Law PLLC

3765 12 Mile Road

Berkley, MI 48072


Tuesday, July 12, 2011

Sixth Circuit finds jurisdiction over motions to change venue.-

Dugboe v. Holder, No. 10-3010 (6th Cir. July 6, 2011) (published)

This decision involved several issues.

First, the Court found jurisdiction to review denied motions to change venue, citing to Kucana.  This latter decision was on point because venue motions are creatures of regulations, not statute.  On the merits, though, the Court affirmed the denial of the motion to change venue both because is was a permissible exercise of discretion, there was no prejudice, and the noncitizen was permanently inadmissible anyway.

Next, the Court affirmed a denial of a motion to remand to seek adjustment of status.  The noncitizen had falsely claimed to be a U.S. citizen and was therefore permanently inadmissible.  He was unable to meaningfully contest this charge.

Finally, the Court affirmed the denial of his withholding of removal applications.  The denial was based on an adverse credibility finding.  There were so many issues with his credibility that the Court only addressed a few of them.

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