Russell Abrutyn

Abrutyn Law PLLC

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Berkley, MI 48072


Tuesday, July 12, 2011

Sixth Circuit applies fugitive disentitlement doctrine to noncitizen who left the country

Dong v. Holder, No. 09-4121 (6th Cir. July 7, 2011) (unpublished)

In this case, the noncitizen apparently left the U.S.  His attorney represented to the Court in a motion to waive oral argument that he heard, secondhand, that his client left the U.S. and did not return.

The Court dismissed his petition for review pursuant to the fugitive disentitlement doctrine.  The Court relied on several factors: the attorney lost contact with the client, the client did not respond to ICE's efforts to contact him, he was in violation of his Order of Supervision by notify ICE of his whereabouts, and he did not verify his departure with ICE.

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