Russell Abrutyn

Abrutyn Law PLLC

3765 12 Mile Road

Berkley, MI 48072

Wednesday, May 7, 2014

Being forced to concede relief may violate due process

Suarez-Diaz v. Holder, No. 13-3605 (6th Cir. Apr. 30, 2014) (unpublished)

In this case, the court criticized the practice of pressuring respondents to give up claims for relief to receive a continuance or some other benefit. However, it is not a per se due process violation. The court found no due process violation on the facts of this case.

The court also found no abuse of discretion in denying a sixth request for a continuance. The respondent sought a continuance to pursue an administrative appeal of the denial of his Cuban Adjustment Act application. There is no indication in the court's decision as to the status of that appeal.

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