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Keywords

appealmotionmotion to dismiss
appealmotionmotion to dismiss

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Gutierrez-Almazan v. Gonzales

Facts

The facts needed to understand this matter are few. On February 8, 2006, the Department of Homeland Security (DHS) sent Gutierrez a notice (commonly referred to as a 'bag and baggage' letter) ordering him to surrender for removal on March 9. Presumably in response to the notice, Gutierrez filed in this court on February 14 a motion for a stay of removal. Two days later a motions judge ordered a temporary stay and directed the government to respond to the motion by March 1. The government filed its response on March 6, stating that it did not oppose a stay of removal, and on March 22 this motions panel granted Gutierrez's motion for a stay. But in the meantime, March 9 came and went and he did not surrender. His counsel now states that he advised Gutierrez that he didn't need to report because of the temporary stay; that advice was unfounded.

The facts needed to understand this matter are few. On February 8, 2006, the Department of Homeland Security (DHS) sent Gutierrez a notice (commonly referred to as a 'bag and baggage' letter) ordering him to surrender for removal on March 9. Presumably in response to the notice, Gutierrez filed in this court on February 14 a motion for a stay of removal. Two days later a motions judge ordered a temporary stay and directed the government to respond to the motion by March 1. The government filed its response on March 6, stating that it did not oppose a stay of removal, and on March 22 this motions panel granted Gutierrez's motion for a stay. But in the meantime, March 9 came and went and he did not surrender. His counsel now states that he advised Gutierrez that he didn't need to report because of the temporary stay; that advice was unfounded.

Issue

The essential question, then, is this: have the petitioner's actions made the enforcement of an adverse judgment impossible?

The essential question, then, is this: have the petitioner's actions made the enforcement of an adverse judgment impossible?

Rule

The fugitive disentitlement doctrine is a discretionary device by which courts may dismiss criminal appeals or civil actions by or against individuals who are fugitives from justice. Courts have consistently held that it applies in the immigration context.

The fugitive disentitlement doctrine is a discretionary device by which courts may dismiss criminal appeals or civil actions by or against individuals who are fugitives from justice. Courts have consistently held that it applies in the immigration context.

Analysis

The court noted that the fugitive disentitlement doctrine was a discretionary device by which courts could dismiss criminal appeals or civil actions by or against individuals who were fugitives from justice. While it applied in the immigration context, it was not clear whether it should be invoked in the instant case as the alien was not at large but was in custody. The court held that a petitioner in an immigration case who failed to report and then faced a motion to dismiss under the fugitive disentitlement doctrine could still surrender to immigration authorities and preserve his appeal.

The court noted that the fugitive disentitlement doctrine was a discretionary device by which courts could dismiss criminal appeals or civil actions by or against individuals who were fugitives from justice. While it applied in the immigration context, it was not clear whether it should be invoked in the instant case as the alien was not at large but was in custody. The court held that a petitioner in an immigration case who failed to report and then faced a motion to dismiss under the fugitive disentitlement doctrine could still surrender to immigration authorities and preserve his appeal.

Conclusion

The court held that a petitioner in an immigration case who failed to report and then faced a motion to dismiss under the fugitive disentitlement doctrine could still surrender to immigration authorities and preserve his appeal. The court denied the government's motion to dismiss the appeal.

The court held that a petitioner in an immigration case who failed to report and then faced a motion to dismiss under the fugitive disentitlement doctrine could still surrender to immigration authorities and preserve his appeal. The court denied the government's motion to dismiss the appeal.

Who won?

Gutierrez-Almazan prevailed in the case because the court found that he was not a fugitive and that his actions did not make the enforcement of an adverse judgment impossible.

Gutierrez-Almazan prevailed in the case because the court found that he was not a fugitive and that his actions did not make the enforcement of an adverse judgment impossible.

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