The 2nd Circuit has reversed a decision by the Board of Immigration Appeals that had revoked the asylum granted to a Balkan actress. The board had issued a final order of removal after taking administrative notice that Slobodan Milosevic was no longer in power. The circuit said due process required that the board provide Burger prior notice of its proceeding. The court also found that Burger's motion to reopen did not cure the lack of notice, which is an issue over which the circuits have split.
August 23, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
An immigration appeals board decision revoking the grant of asylum to a Balkan actress on the assumption that the former Yugoslavia is a safer place without Slobodan Milosevic has been reversed.
The 2nd U.S. Circuit Court of Appeals said the Board of Immigration Appeals erred when it reversed an immigration judge and said that Sanja Burger no longer had a well-founded fear she would be persecuted if she were returned to Serbia-Montenegro.
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