Friday, August 26, 2011

Seventh Circuit -- Zakaria Bullen Wani v. Eric H. Holder, Jr.

Though government claims court has no remaining jurisdiction over immigration case, court retains ability to review for errors of law.  Case is not moot due to gov't cessation of removal process.

Three legal claims forfeited by the gov't accepted by court here - (1) fact that petitioner's deported family member has not yet been tortured isn't dispositive; (2) no requirement that petitioner have personal knowledge of the certainty of his impending torture; (3) unopposed evidence stating that foreign nation tortures repatriates. 

Petition is not moot when gov't states that removal has been stopped, so long as there is an active removal order and court has jurisdiction. 

Zakaria Bullen Wani v. Eric H. Holder, Jr.
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.