Case: Pruidze v. Holder

09-03836 | No Court

Filed Date: July 9, 2009

Closed Date: 2011

Clearinghouse coding complete

Case Summary

In July 2004, Petitioner in this case, then a green-card holder, returned to the United States and applied for admission as a lawful permanent resident alien. The Department of Homeland Security (DHS) denied his application for admission, explaining that Petitioner's state conviction for a controlled-substance crime made him inadmissible. An Immigration Judge found Mr. Petitioner deportable, and DHS removed him on April 29, 2009. Six days later, Petitioner moved the state court to reopen his cr…

In July 2004, Petitioner in this case, then a green-card holder, returned to the United States and applied for admission as a lawful permanent resident alien. The Department of Homeland Security (DHS) denied his application for admission, explaining that Petitioner's state conviction for a controlled-substance crime made him inadmissible. An Immigration Judge found Mr. Petitioner deportable, and DHS removed him on April 29, 2009. Six days later, Petitioner moved the state court to reopen his criminal proceedings because he had entered his guilty plea without counsel. On May 12, 2009, the state court set aside Petitioner's conviction.

On May 29, 2009, Petitioner filed a motion to reopen his removal proceedings with the Board of Immigration Appeals (BIA) because without his criminal conviction, he believed he should no longer be deportable. The BIA denied his motion, reasoning that, because Petitioner was no longer in the United States, it did not have jurisdiction to hear Petitioner's motion. The BIA relied on Matter of Armendarez-Mendez, 241. & N. Dec. 646 (B.I.A. 2008), which held that the "departure bar," 8 C.F.R. § 1003.2(d), divested the Board of ''jurisdiction'' to entertain motions to reopen filed by aliens who are abroad. The departure bar says that " [a] motion to reopen ... shall not be made by ... a person who is the subject of exclusion, deportation, or removal proceedings subsequent to his or her departure from the United States."

Petitioner appealed the denial of his motion to the Sixth Circuit Court of Appeals.

On February 3, 2011, in a published opinion authored by Judge Jeffrey S. Sutton, the Sixth Circuit found that the BIA's decision was incorrect and that immigrants like Petitioner have a right to reopen cases from outside the United States. The Court observed that other immigration law statutes, such as those adopted in the 1996 Immigration Act, do not support the BIA's reading of 8 C.F.R. § 1003.2(d) as preventing review of motions to reopen from outside of the country. Although "the agency is not required--by statute or this decision--to grant Petitioner's motion to reopen,...it is required---by both--to consider it."

Summary Authors

Xin Chen (4/10/2011)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/1872719/parties/vakhtang-pruidze-v-eric-holder-jr/


Judge(s)
Attorney for Plaintiff

Dhade, Herman S. (Michigan)

Attorney for Defendant

Marsteller, Eric Warren (District of Columbia)

Messuri, Anthony John (District of Columbia)

Peachey, William Charles (District of Columbia)

Segall, Jessica (District of Columbia)

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Documents in the Clearinghouse

Document

09-03836

Docket

U.S. Court of Appeals for the Sixth Circuit

April 5, 2011

April 5, 2011

Docket

09-03836

The Sixth Circuit Opinion

U.S. Court of Appeals for the Sixth Circuit

Feb. 3, 2011

Feb. 3, 2011

Order/Opinion

632 F.3d 632

Docket

See docket on RECAP: https://www.courtlistener.com/docket/1872719/vakhtang-pruidze-v-eric-holder-jr/

Last updated Feb. 23, 2024, 4:23 a.m.

ECF Number Description Date Link Date / Link
85

MOTION filed by Ms. Jessica Segall for Eric H. Holder, Jr. to withdraw motion to continue oral argument [73]; previously filed by filed by Mr. Anthony John Messuri for Eric H. Holder, Jr. in 09-3836. Certificate of Service: 10/06/2010. (JD) [Entered: 10/07/2010 07:44 AM]

Oct. 7, 2010

Oct. 7, 2010

PACER
87

ORDER filed denying motion to continue oral argument [73] filed by Mr. Anthony John Messuri for Eric H. Holder, Jr.; Entered by order of the court. (JEC) [Entered: 10/07/2010 02:40 PM]

Oct. 7, 2010

Oct. 7, 2010

PACER
89

CAUSE ARGUED by Ms. Trina A. Realmuto for Amici Curiae National Immigration Project of the National Lawyers Guild and American Immigration Council, Mr. Herman S. Dhade for Petitioner Vakhtang Pruidze and Ms. Jessica Segall for Respondent Eric H. Holder, Jr. before Boggs,Circuit Judge; Moore,Circuit Judge and Sutton,Circuit Judge. (KSC) [Entered: 10/18/2010 02:27 PM]

Oct. 18, 2010

Oct. 18, 2010

PACER
92

ADDITIONAL CITATION filed by Ms. Jessica Segall for Eric H. Holder, Jr.. Certificate of Service: 10/25/2010. (JD) [Entered: 10/25/2010 11:06 AM]

Oct. 25, 2010

Oct. 25, 2010

PACER
97

ADDITIONAL CITATION filed by Ms. Jessica Segall for Eric H. Holder, Jr.. Certificate of Service: 12/30/2010. (JD) [Entered: 12/30/2010 12:59 PM]

Dec. 30, 2010

Dec. 30, 2010

PACER
99

RESPONSE in opposition filed regarding an additional citation, [97]. Response from Attorney Ms. Trina A. Realmuto for Amici Curiae National Immigration Project of the National Lawyers Guild and American Immigration Council. Certificate of Service:01/04/2011. (TAR) [Entered: 01/04/2011 02:34 PM]

Jan. 4, 2011

Jan. 4, 2011

PACER
102

REPLY filed by Ms. Jessica Segall for Eric H. Holder, Jr. regarding Amici Curiae Response to Respondent's December 30, 2010 28(j) Letter. Certificate of Service: 01/05/2011. (JD) [Entered: 01/05/2011 03:14 PM]

Jan. 5, 2011

Jan. 5, 2011

PACER
105

OPINION and JUDGMENT filed: VACATED and REMANDED, decision for publication pursuant to local rule 206. Danny J. Boggs, Karen Nelson Moore, Jeffrey S. Sutton (AUTHORING), Circuit Judges. (LKM) [Entered: 02/03/2011 07:26 AM]

Feb. 3, 2011

Feb. 3, 2011

PACER
107

MANDATE ISSUED with no costs taxed. (JEC) [Entered: 03/29/2011 11:00 AM]

March 29, 2011

March 29, 2011

PACER
108

ADMINISTRATIVE RECORD RETURNED to originating court at the end of appellate proceedings. Volumes include: 1 (CD) Pl. (KSF) [Entered: 04/05/2011 03:45 PM]

April 5, 2011

April 5, 2011

PACER

Case Details

State / Territory: Michigan

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: July 9, 2009

Closing Date: 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff filed a motion to reopen his removal proceedings with the Board of Immigration Appeals (BIA), BIA denied his motion. Plaintiff appealed the denial of his motion to the Sixth Circuit Court.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Attorney General, Federal

Case Details

Special Case Type(s):

Out-of-court

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Litigation

Issues

Immigration/Border:

Deportation - judicial review