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defendantlitigationstatuteappealhearingasylumvisadeportationappellantliens
defendantlitigationstatuteappealhearingasylumvisadeportationappellantliens

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Giri v. Keisler

Facts

The Giris, who are natives and citizens of Nepal, entered the United States through California on or about July 4, 2003, as non-immigrant visitors with authorization to remain in this country for a temporary period not to exceed January 2, 2004. After overstaying their visas, the Giris were issued notices on February 5, 2004, to appear in immigration court for deportation proceedings. At an immigration court hearing on April 5, 2004, the Giris conceded removability, and then applied for asylum, withholding of removal, and protection under the CAT. After a hearing on the merits on September 15, 2004, the immigration judge rendered an oral decision on March 15, 2005, denying the Giris' claims for relief and ordering them removed to Nepal. On June 7, 2006, the BIA affirmed the immigration judge's decision. The Giris then filed a petition for review of the BIA's decision with this court.

The Giris, who are natives and citizens of Nepal, entered the United States through California on or about July 4, 2003, as non-immigrant visitors with authorization to remain in this country for a temporary period not to exceed January 2, 2004. After overstaying their visas, the Giris were issued notices on February 5, 2004, to appear in immigration court for deportation proceedings. At an immigration court hearing on April 5, 2004, the Giris conceded removability, and then applied for asylum, withholding of removal, and protection under the CAT. After a hearing on the merits on September 15, 2004, the immigration judge rendered an oral decision on March 15, 2005, denying the Giris' claims for relief and ordering them removed to Nepal. On June 7, 2006, the BIA affirmed the immigration judge's decision. The Giris then filed a petition for review of the BIA's decision with this court.

Issue

The question presented in this appeal is whether the fugitive disentitlement doctrine may be invoked to dismiss a petition for review of a BIA decision by a fugitive alien.

The question presented in this appeal is whether the fugitive disentitlement doctrine may be invoked to dismiss a petition for review of a BIA decision by a fugitive alien.

Rule

The fugitive disentitlement doctrine limits a criminal defendant's access to the judicial system whose authority he evades. This power stems not from any statute, but rather from a court's inherent power 'to protect [its] proceedings and judgments in the course of discharging [its] traditional responsibilities.'

The fugitive disentitlement doctrine limits a criminal defendant's access to the judicial system whose authority he evades. This power stems not from any statute, but rather from a court's inherent power 'to protect [its] proceedings and judgments in the course of discharging [its] traditional responsibilities.'

Analysis

The court found it proper to extend the fugitive disentitlement doctrine to the immigration context where the petitioners are fugitive aliens who have evaded custody and failed to comply with a removal order. The court noted that litigation entails reciprocal obligations: an appellant who demands that the United States respect a favorable outcome must ensure that an adverse decision can also be carried out. The Giris' failure to report for custody set up a situation where they could not be bound by a loss, which prejudiced the other side.

The court found it proper to extend the fugitive disentitlement doctrine to the immigration context where the petitioners are fugitive aliens who have evaded custody and failed to comply with a removal order. The court noted that litigation entails reciprocal obligations: an appellant who demands that the United States respect a favorable outcome must ensure that an adverse decision can also be carried out. The Giris' failure to report for custody set up a situation where they could not be bound by a loss, which prejudiced the other side.

Conclusion

For the foregoing reasons, the Giris' petition for review is DISMISSED.

For the foregoing reasons, the Giris' petition for review is DISMISSED.

Who won?

The government prevailed in the case because the court applied the fugitive disentitlement doctrine, which barred further review of the BIA's decision due to the Giris' fugitive status.

The government prevailed in the case because the court applied the fugitive disentitlement doctrine, which barred further review of the BIA's decision due to the Giris' fugitive status.

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