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Suarez-Diaz v. Holder, No. 13-3605 (6th Cir. Apr. 30, 2014) (unpublished)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

No comments:

Post a Comment