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: Tenth Circuit Blog

"Fugitive Disentitlement Doctrine" Applied to Immigration Appeal

By Shari Allison

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Martin v. Mukasey, ___F.3d___, 2008 WL 501113 (10th Cir. Feb. 26, 2008) Appellate review of a final order of removal is barred by the ?fugitive disentitlement doctrine.?After the Bureau of Immigration Appeals affirmed the immigration judge?s order of removal, petitioner failed to appear in front of the department of homeland security for removal pursuant to an order, and ?absconded.? According to the 10th, this is the equivalent of being a fugitive from justice, and applies the doctrine?dismissal of appeals when appellant is on fugitive status.

Full post as published by Tenth Circuit Blog on February 27, 2008 (boomark / email).

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