03 Jan 2014

CA3 on Conviction, Finality, Ozkok:Orabi v. Atty. Gen.

"We are therefore convinced that the principle announced and held in Ozkok – that “a conviction does not attain a sufficient degree of finality for immigration purposes until direct appellate review of the conviction has been exhausted or waived” – is “is alive and well” in this Circuit and is correctly applied to Orabi as this Circuit‟s precedent.  The judgment of the BIA will therefore be reversed, with instructions that the Government, pursuant to its August 12, 2013 letter, be directed to return Orabi to the United States in accordance with the ICE regulations cited." - Orabi v. Atty. Gen., Jan. 2, 2014.  [Pro se!]