Russell Abrutyn

Abrutyn Law PLLC

3765 12 Mile Road

Berkley, MI 48072

Thursday, May 10, 2012

Zundell, Part III

Zundel v. Holder, No. 10-6012 (6th Cir. May 7, 2012) (published)

This is the third time the court has dealt with the removal of this Holocaust denier. 

There are some interesting points to take away from this decision.  A petition for review from a VWP removal order allows for the same scope of review as a habeas petition.  This is good for cases where the record needs to be developed.

The court also noted that the warning given to an alien who is being removed about the bars on returning are not binding.  The nature and length of the bars will be determined when the alien applies for admission or a visa and can then be contested as provided for by law.

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