Sixth Circuit Court of Appeals | 01May2009 | Kennedy, Gibbons, Rogers (Circuit Judges)

Case: 09-3416 (John Demjanjuk v. Eric H. Holder, Attorney General)

The three Judges chastise the Board of Immigration Appeals as follows:
The government characterizes the petitioner’s application as a “mad scramble” undertaken hours before his scheduled removal. It suggested that the petitioner took no action between the time the Immigration Judge lifted a stay on April 8 and his April 14 application to this court. In fact, the petitioner asked the BIA for a stay on April 7, and the BIA denied the request on April 10. The petitioner also inquired of the government as to whether it planned to remove the petitioner prior to the BIA’s ruling and received an uncooperative and uninformative response on April 13. Any “mad scramble” resulted from the government’s refusal to give the petitioner’s counsel any timing information. The government’s opposition to the stay motion, moreover, omitted any reason for immediate removal. The overall course of conduct by the government in effect meant that granting the stay initially was the only way this court could give thoughtful consideration to the petitioner’s claims.

However, they deny Mr. Demjanjuk's motion for a stay of removal, but grant his other motion as follows:
In Case No. 09-3469, the petitioner’s motion for leave to proceed in forma pauperis is
GRANTED. His motion for a stay of removal pending review is DENIED.

John Demjanjuk v. Eric H. Holder, Jr., U.S. Attorney General

Documents have been filed in these cases with the Sixth Circuit Court of Appeals.

Case No. 09-3416 Petition for Review , Motion for Stay , Video Clip , IFP Motion with attachments , Government Response in Opposition , Order Granting Stay , Briefing Order , Additional Citation , Motion to Dismiss , Response to Motion , Response to Briefing Order Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 , Order

Case No. 09-3469 Petition for Review , Motion for Stay  Video Clip 1 Video Clip 2 , IFP Motion , Government Response in Opposition , Petitioner's Reply , Order