Thank you for sharing!

Your article was successfully shared with the contacts you provided.
The fate of a Kenyan man whose visa application expired because of bureaucratic inaction depends on which federal institution moves faster — an immigration court or the U.S. Congress. On Tuesday, an immigration judge told Powder Springs, Ga., resident Charles K. Nyaga to leave the country within 60 days, but the judge stayed the order pending the outcome of Nyaga’s appeal to the Board of Immigration Appeals. Nyaga’s lawyer, Charles H. Kuck, said an appeal can take between four and 24 months. “It’s completely unpredictable,” Kuck said. Nyaga and his family can stay in the United States if an equally unpredictable group — the Senate, the House of Representatives and President Bush — acts before the appeals board issues what is expected to be a denial of Nyaga’s appeal. Sen. C. Saxby Chambliss, R-Ga., last month introduced a bill that would change the law that doomed Nyaga’s 1998 application. The change would allow immigration officials to reconsider some expired bids. Chambliss, who chairs the immigration subcommittee, persuaded the ranking Democrat on the panel, Sen. Edward M. Kennedy, D-Mass., to co-sponsor the bill, showing that Nyaga’s plight appeals to lawmakers who have been bitterly divided on some of Bush’s judicial nominations. Rep. Johnny Isakson, R-Ga, in whose district Nyaga lives, will support the bill in the House, said an Isakson spokeswoman. “I am very encouraged,” said Kuck, who recently took Nyaga along on a lobbying trip to Capitol Hill. Nyaga, who works in a hotel and is in theology school, sounded cautiously optimistic: “The only thing is just to wait. That’s all we can do now.” Last year, Nyaga had apparently run out of legal options when the U.S. Supreme Court refused to hear his appeal of a ruling by the 11th U.S. Circuit Court of Appeals. By a 2-1 vote, the 11th Circuit said Nyaga’s visa application expired on Sept. 30, 1998. The panel acknowledged that Nyaga’s application had expired through no fault of his own — immigration authorities simply allowed it to languish — but said the law didn’t allow the court to give him any relief. The 11th Circuit decision had reversed a ruling by Chief Judge Orinda D. Evans of the U.S. District Court in Atlanta. Evans, saying she would not reward “gross inaction” by the government, had ordered immigration authorities to process Nyaga’s application.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.