6th Circ. Forigves Late Filing For Iraqi Christian With Sick Atty

Law360 (January 10, 2020, 7:49 PM EST) -- The Sixth Circuit on Friday gave an already-deported Iraqi citizen another shot to return to the U.S., reversing a refusal from the immigration courts' appellate board to forgive a missed deadline resulting from an attorney's medical emergency.

A three-judge panel ruled that the Board of Immigration Appeals was wrong to have required Samir Kada, a former green card holder, to prove that he would have won his case to remain in the U.S. had his attorney not missed a deadline to submit a protection request under the Convention Against Torture.

This standard was too high, and Kada only needed to show...

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