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Dzyuba v. Mukaasey (9th Cir. - Aug. 25, 2008)

By Shaun Martin

Let me offer some additional help -- beyond that provided by the Ninth Circuit earlier today -- to the BIA on remand.

As recent events should have made crystal clear, the former republics of the USSR aren't all the same country. Georgia isn't Russia. Georgia isn't the Ukraine. Georgia is Georgia.

Now, here, Mr. Dzyuba was a native of Georgia, but went to the Ukraine before coming to the United States. Now that we're kicking him out, we admittedly have to figure out where to kick him out to: say, Georgia or the Ukraine. This is a big deal, and I'm not pretending the answer is at all clear, since his internal movement at the time was all within a (then-) single country.

All I'm saying is that it matters. At least for now. Once Russia invades everyone else, well, maybe that'll moot the whole thing. But go ahead and make the effort at this point.

Personally, if the guy wants to go back to Georgia rather than the Ukraine, I'd let him. No big deal.

Full post as published by California Appellate Report on August 25, 2008 (boomark / email).