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09-2238 Firishchak v. Holder

By: WISCONSIN LAW JOURNAL STAFF//February 14, 2011//

09-2238 Firishchak v. Holder

By: WISCONSIN LAW JOURNAL STAFF//February 14, 2011//

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Immigration
Collateral estoppel

Collateral estoppel was properly invoked to prevent an alien who had been denaturalized from relitigating issues at his removal hearing.

“The bookends of Osyp Firishchak’s life have involved deportation, on different sides of the Atlantic Ocean, on different sides of the process, and by profoundly different means. When the government learned that Firishchak had been allowed to enjoy the benefits of American citizenship only as a result of a lie, our laws and justice system afforded him both the benefit of the doubt and a fair opportunity to be heard. The contention that he was denied a full and fair opportunity to litigate in the denaturalization case is not supported by the record. Therefore, collateral estoppel in the removal proceeding was both appropriate and appropriately applied.”
Petition Denied.

09-2238 Firishchak v. Holder

Petition for Review of an Order of the Board of Immigration Appeals, Flaum, J.

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