U.S. Sixth Circuit - The FindLaw 6th Circuit Court of Appeals Opinion Summaries Blog

Immigration Matter, Plus Suit Against Debt Collector Dismissed

In Hassan v. Holder, No. 09-3243, the Sixth Circuit dealt with a petition for review BIA's final orders in removal proceedings of a Palestinian Muslim couple, born and raised in Jerusalem, Israel.  In granting the petition, the court affirmed in part the decision of the BIA rejecting petitioners' claim that the IJ should have recused herself.  However, the judgment of the Board with respect to its ruling that the government met its burden of proving petitioners were married prior to their entry into the U.S. is reversed, and as such, the Board failed to provide a legally sufficient basis for finding petitioners removable.  Furthermore, the Board's finding that the husband was removable under 8 U.S.C. section 1227(a)(3)(D) is also reversed.   

Ruth v. Unifund CCR Partners, No. 09-3426, concerned a plaintiff's suit against a partnership specializing in debt collection, arising from an underlying suit brought by the partnership against plaintiff to collect a credit card debt allegedly owed to Citibank.  In rejecting the plaintiff's argument that the district court should not have dismissed her suit on statute of limitations grounds, the court upheld the dismissal as plaintiff failed to comply with the one-year statute of limitations and defendant did not fraudulently conceal any information that prevented plaintiff from filing her claim.   

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