Ike Bright v. Eric Holder, Jr., 649 F.3d 397

Bright, a Nigerian citizen and LPR since 1985, pleaded guilty to attempted second-degree murder in Texas about a year after becoming LPR.
DHS issued a notice to appear on March 21, 2007, charging removal under 237(a)(2)(A)(iii) based on his prior conviction.
At the initial hearing Bright admitted removability but sought relief under former §212(c); IJ denied, and the BIA affirmed, with no petition for review filed.
On January 12, 2009 DHS ordered Bright to surrender for removal on February 12; Bright did not appear, bond was forfeited, and a warrant issued.
Bright moved to reopen and stay removal on March 9, 2009; the BIA denied, applying fugitive disentitlement; Bright then sought reconsideration, which was denied on March 24, 2010.
Bright filed a timely petition for review, challenging the BIA’s denial of reopening and stay; this court dismissed, applying the fugitive disentitlement doctrine to bar review.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Bright is a fugitive under the disentitlement doctrine.	Bright argues his known address and DHS awareness negate fugitive status.	DHS contends failure to surrender rendered Bright a fugitive, justifying review bar.	Yes; Bright became a fugitive and review is barred.

Giri v. Keisler, 507 F.3d 833 (5th Cir. 2007) (fugitive disentitlement applied to immigration review when a petitioner evades custody)
Bagwell v. Dretke, 376 F.3d 408 (5th Cir. 2004) (fugitive disentitlement is an equitable, discretionary doctrine)
Gao v. Gonzales, 481 F.3d 173 (2d Cir. 2007) (address known, resources may be deployed to locate the alien; supports doctrine)
Sapoundjiev v. Ashcroft, 376 F.3d 727 (7th Cir. 2004) (applies fugitive disentitlement where alien evades removal)
Sun v. Mukasey, 555 F.3d 802 (9th Cir. 2009) (limited view of fugitive disentitlement when whereabouts known)
Ye v. Attorney Gen. of the United States, 383 F. App’x 113 (3d Cir. 2010) (non-precedential; cites fugitive disentitlement in immigration context)