Dugboe v. Holder
2011 U.S. App. LEXIS 13657
| 6th Cir. | 2011Background
- Dugboe, a Nigerian citizen, entered the United States illegally in 1992 and later married a U.S. citizen with a daughter born in 1996.
- He sought adjustment of status based on his marriage in 1995.
- In 1997, he attempted to re-enter the U.S. from Canada falsely claiming U.S. citizenship and using Nelson’s documents.
- He was charged and removability proceedings began; notices to appear were issued in 1997 and 1998, with venue in Detroit.
- Dugboe moved to transfer venue to Chicago and sought remand to pursue adjustment; his asylum claim was filed in 1999 and denied as untimely.
- The BIA, on remand, clarified two independent grounds for ineligibility to adjust—arrival status in removal proceedings and false claim of U.S. citizenship—and Dugboe petitioned for review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the BIA abused its discretion in denying remand to pursue status adjustment | Dugboe asserts remand benefits adjustment eligibility | BIA denied adjustment due to inadmissibility stemming from false citizenship claim | No abuse; inadmissibility bars adjustment. |
| Whether the IJ abused discretion in denying venue transfer to Chicago | Dugboe argues Detroit venue caused undue hardship | Transfer would not necessarily improve fairness; witnesses located in Detroit; no prejudice shown | No abuse; no prejudice shown. |
| Whether the IJ's denial of withholding of removal under INA and CAT is supported by substantial evidence | Dugboe claims likelihood of persecution/torture | Record shows credibility issues and no substantial likelihood of persecution | Denied; substantial evidence supports credibility findings and lack of likelihood. |
| Whether the court has jurisdiction to review the venue-denial decision under Kucana | Court should review discretionary regulatory venue decision | Discretionary venue decisions are non-reviewable | Court has jurisdiction to review venue-denial under Kucana. |
Key Cases Cited
- Kucana v. Holder, 130 S. Ct. 827 (2010) (statutory vs. regulatory discretion governs reviewability)
- Amir v. Gonzales, 467 F.3d 921 (6th Cir. 2006) (review of BIA/ IJ decisions straightforward under substantial-evidence standard)
- Castellano-Chacon v. INS, 341 F.3d 533 (6th Cir. 2003) (higher standard for withholding of removal (clear probability))
- Liti v. Gonzales, 411 F.3d 631 (6th Cir. 2005) (credibility and standard for withholding)
- Haider v. Holder, 595 F.3d 276 (6th Cir. 2010) (framework for evaluating asylum/withholding claims)
- Abu-Khaliel v. Gonzales, 436 F.3d 627 (6th Cir. 2006) (abuse of discretion standard for BIA decisions)
- Amir v. Gonzales, 467 F.3d 921 (6th Cir. 2006) (review standard for BIA adoption of IJ findings)
- Ballesteros v. Ashcroft, 452 F.3d 1153 (10th Cir. 2006) (regulatory discretion affecting reviewability)
- Monter v. Gonzales, 430 F.3d 546 (2d Cir. 2005) (good-cause standard for venue transfer)
- Frech v. U.S. Att'y Gen., 491 F.3d 1277 (11th Cir. 2007) (jurisdiction to review discretionary venue decisions)