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Matthew Kolken on Deportation And Removal

Follow up to September 30, 2009 blog: “If the rules of the game change, should your client get a second bite at the apple?”

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In my pre-argument conference last Friday I was unfortunately unable to resolve the case that is currently pending before the United States Court of Appeals for the Second Circuit.  This means that I will have to submit a brief in support of my client's position that the Board of Immigration Appeals should have granted our motion to reopen his exclusion proceedings. My Brief is now due at the end of November, and the Government will have until the end of December to respond.


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There are about a dozen issues in this very complex case, which include Constitutional questions of law relating to the fundamental fairness of the underlying 1994 exclusion proceedings, the legality of the BIA's imposition of impermissible standards relating to the adjudication of our motion to reopen, and the practicality of requiring a formal Bar complaint against an attorney who has been disbarred from the practice of law.


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The questions of law presented will require oral argument before the Court.  I'll continue to update the case as it unfolds.

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