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Keywords

litigationattorneymotionjudicial reviewliens
litigationattorneymotionjudicial reviewliens

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Sapoundjiev v. Ashcroft

Facts

Vassil Sapoundjiev, a citizen of Bulgaria, along with his wife Encheva and son Hristo, were ordered to report for custody and removal by immigration officials. They filed an application for a stay of removal shortly before the reporting date, and a temporary stay was granted. However, the family failed to report as directed, prompting the Attorney General to argue that they were fugitives and to seek to vacate the stay.

Vassil Sapoundjiev, a citizen of Bulgaria, along with his wife Encheva and son Hristo, were ordered to report for custody and removal by immigration officials. They filed an application for a stay of removal shortly before the reporting date, and a temporary stay was granted. However, the family failed to report as directed.

Issue

Whether the fugitive-disentitlement doctrine applies to the Sapoundjievs, thereby barring their petition for review due to their failure to report for custody as ordered.

Whether the fugitive-disentitlement doctrine applies to the Sapoundjievs, thereby barring their petition for review due to their failure to report for custody as ordered.

Rule

The fugitive-disentitlement doctrine applies to immigration cases, meaning that aliens who avoid lawful custody forfeit their right to judicial review.

Every circuit that has considered the issue has concluded that the fugitive-disentitlement doctrine applies to immigration cases, and that aliens who avoid lawful custody forfeit judicial review.

Analysis

The court applied the fugitive-disentitlement doctrine, noting that the Sapoundjievs' failure to report for custody rendered them fugitives. The court emphasized that litigation entails reciprocal obligations, and a litigant who makes it difficult to enforce an adverse judgment cannot expect favorable action. The court found that the Sapoundjievs had not taken necessary steps to preserve their legal claims and had effectively chosen to ignore the orders to report.

The court applied the fugitive-disentitlement doctrine, noting that the Sapoundjievs' failure to report for custody rendered them fugitives. The court emphasized that litigation entails reciprocal obligations, and a litigant who makes it difficult to enforce an adverse judgment cannot expect favorable action.

Conclusion

The court vacated the temporary stay, denied the motion for a stay of removal, and dismissed the petition for review.

The temporary stay was vacated, the motion for a stay of removal was denied, and the petition for review was dismissed.

Who won?

The Attorney General prevailed in the case because the court found that the Sapoundjievs' failure to report for custody rendered them fugitives, thus barring their petition for review.

The Attorney General prevailed in the case because the court found that the Sapoundjievs' failure to report for custody rendered them fugitives, thus barring their petition for review.

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