United States Seventh Circuit

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Atunnise v. Mukasey, 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.

Appellate Information

  • Decided 04/30/2008
  • Published 04/30/2008

Judges

Court

  • United States Seventh Circuit

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