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Keywords

appealhearingmotiondue processdeportationappellant
appealhearingmotiondue processdeportationappellant

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Wittgenstein v. Immigration and Naturalization Service

Facts

Appellant alien was found guilty of tax evasion by an immigration judge who then ordered deportation. Appellant sought review with the United States Board of Immigration Appeals, which dismissed the petition on grounds that appellant was a fugitive from justice. After appellant's apprehension, she challenged the dismissal and contended that she was denied her constitutional right to due process. The court affirmed and held that the board acted properly in deciding not to consider the petition for review while appellant was a fugitive.

Appellant alien was found guilty of tax evasion by an immigration judge who then ordered deportation. Appellant sought review with the United States Board of Immigration Appeals, which dismissed the petition on grounds that appellant was a fugitive from justice.

Issue

Did the Board of Immigration Appeals deny the appellant her constitutional right to due process by dismissing her request for review while she was a fugitive from justice?

Did the Board of Immigration Appeals deny the appellant her constitutional right to due process by dismissing her request for review while she was a fugitive from justice?

Rule

The court held that the BIA acted properly in deciding not to consider the petition for review while the petitioner was a fugitive from justice.

The court held that the BIA acted properly in deciding not to consider the petition for review while the petitioner was a fugitive from justice.

Analysis

The court applied the rule by examining the circumstances under which the BIA dismissed the appellant's request for review. It found that the BIA's decision was consistent with the standards governing appeals from fugitives and that the appellant had been repeatedly advised of her right to counsel. Furthermore, the court determined that tax evasion, as a crime involving fraud, constituted moral turpitude, thus supporting the BIA's decision.

The court applied the rule by examining the circumstances under which the BIA dismissed the appellant's request for review. It found that the BIA's decision was consistent with the standards governing appeals from fugitives and that the appellant had been repeatedly advised of her right to counsel.

Conclusion

The court affirmed the order of the Board of Immigration Appeals, which dismissed the appellant's motion for rehearing on the grounds of tax evasion, concluding that the board acted properly in not considering the motion while the appellant was a fugitive.

The court affirmed the order of the Board of Immigration Appeals, which dismissed the appellant's motion for rehearing on the grounds of tax evasion, concluding that the board acted properly in not considering the motion while the appellant was a fugitive.

Who won?

The Board of Immigration Appeals prevailed in the case because the court found that the dismissal of the appellant's motion was justified based on her status as a fugitive and the nature of her conviction.

The Board of Immigration Appeals prevailed in the case because the court found that the dismissal of the appellant's motion was justified based on her status as a fugitive and the nature of her conviction.

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