United States Tenth Circuit

An removal order against petitioner for being a "student visa abuser" under 8 U.S.C. section 1182(a)(6)(G) is reversed and the case remanded where: 1) petitioner took no affirmative action to terminate or abandon her course of study since the private school she attended closed down; and 2) petitioner's attendance of a public school did not place her in violation of her student visa status.

Appellate Information

• Decided 06/03/2008
• Published 06/03/2008

Judges

• McKAY, Circuit Judge., Before KELLY, McKAY, and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• David M. Cook, Kenneth Y. Geman & Associates, Chicago, IL, for Petitioner.


• For Appellees:
  
• Joanne E. Johnson, Attorney, (Anh-Thu P. Mai, Senior Litigation Counsel, with her on the brief), U.S. Department of Justice, Washington, D.C., for Respondent.