Home Menu ↓
Clicking on our sponsor links helps insure continued free access to this website.
Please support our efforts by visiting our sponsors:

 

Dada v. Mukasey

Docket No.: 06-1181
Certiorari Granted: 9/25/2007
Argued: January 7, 2008
Decided: January Se, 2008

Topics:

Immigration and Naturalization, Immigration, Nationality, or Illegal Immigration Reform and Immigrant Responsibility Acts, as amended

PartyNames: Samson Taiwo Dada v. Michael B. Mukasey, Attorney General
Petitioner: Samson Taiwo Dada
Respondent: Peter D. Keisler, Acting Attorney General

Court Below: United States Court of Appeals for the Fifth Circuit

Samson Taiwo Dada
v.
Peter D. Keisler, Acting Attorney General
554 U.S. ____ (2008)
Consideration Limited:

GRANTED LIMITED TO THE FOLLOWING QUESTION: "WHETHER THE FILING OF A MOTION TO REOPEN REMOVAL PROCEEDINGS AUTOMATICALLY TOLLS THE PERIOD WITHIN WHICH AN ALIEN MUST DEPART THE UNITED STATES UNDER AN ORDER GRANTING VOLUNTARY DEPARTURE." EXPEDITED BRIEFING SCHEDULE THE PARTIES ARE DIRECTED TO FILE SUPPLEMENTAL BRIEFS ADDRESSING THE FOLLOWING QUESTION: WHETHER AN ALIEN WHO HAS BEEN GRANTED VOLUNTARY DEPARTURE AND HAS FILED A TIMELY MOTION TO REOPEN SHOULD BE PERMITTED TO WITHDRAW THE REQUEST FOR VOLUNTARY DEPARTURE PRIOR TO THE EXPIRATION OF THE DEPARTURE PERIOD. EXPEDITED BRIEFING SCHEDULE

Question Presented:

1. Whether Petitioner was rendered statutorily ineligible for adjustment of status to lawful permanent resident because he did not depart the United States voluntarily pursuant an order of the Board of Immigration Appeals ("BIA"), despite the fact that Petitioner had timely withdrawn his request for voluntary departure. 2. Alternatively, whether the period of voluntary departure granted by the BIA was tolled by the timely filing of Petitioner's Motion to Reopen and Reconsider his removal to seek relief in the form of adjustment of status.

Question:

When an illegal resident agrees to voluntarily depart the United States and then files a motion to reopen removal proceedings, does the filing suspend the time period by which the illegal resident must depart the United States under the voluntary departure order?

Note:

THE PETITION FOR A WRIT OF CERTIORARI IS

Holding: judgment reversed and remanded
Decision: Decision: 5 votes for Dada, 4 vote(s) against
Vote: 5-4
Opinion By:
Read DADA V. MUKASEY opinion (PDF)
Database Connection failed: SQLSTATE[HY000] [1045] Access denied for user 'restauz8_sophi'@'localhost' (using password: YES)