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ADMINISTRATIVE LAW, IMMIGRATION LAW
• Atunnise v. Mukasey
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LATEST SUMMARIES
ADMINISTRATIVE LAW, IMMIGRATION LAW
Atunnise v. Mukasey, No. 06-4008, 07-1287
Petitions for review of orders dismissing Nigerian alien's appeal
and denying her motion to reconsider are granted, an order of
removal vacated, and the matter remanded to reconsider petitioner's
eligibility for a waiver of inadmissibility under section 212(d)(3)
where: 1) a fatal flaw in form DS-156 did not allow petitioner to
correctly answer a question regarding her immigration status and for
the consular office to realize that petitioner needed to apply for a
waiver; 2) the IJ failed to alert petitioner about all the avenues
of relief and afford an opportunity to apply; and 3) petitioner can
still apply for the section 212(d)(3) waiver while in detention
since she has yet to enter the U.S.
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