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Immigration Appeal

By: Derek Hawkins//October 25, 2017//

Immigration Appeal

By: Derek Hawkins//October 25, 2017//

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7th Circuit Court of Appeals

Case Name: Jovo Asentic v. Jefferson B. Sessions III

Case No.: 17-1202

Officials: MANION, KANNE, and SYKES, Circuit Judges.

Focus: Immigration Appeal

Jovo Asentic, a Bosnian Serb who is now 65, was granted refugee status and brought his family to the United States from the former Yugoslavia more than fifteen years ago. He has been a permanent resident for nearly that long, but the Board of Immigration Appeals has authorized the government to remove Asentic from this country because, in applying for refugee status, he failed to disclose his participation as a combatant in the Bosnian conflict during the 1990s. The Board could have granted Asentic a discretionary waiver of removal under 8 U.S.C. § 1227(a)(1)(H) but declined to do so. Asentic petitions for review. Although he presents a sympathetic case, we agree with the Board that he is removable based on fraud, and we lack jurisdiction to review the Board’s discretionary decision to deny the waiver.

Dismissed in part. Denied in part.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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