[Download] "Csekinek v. Immigration and Naturalization Service" by United States Court of Appeals for the Tenth Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: Csekinek v. Immigration and Naturalization Service
- Author : United States Court of Appeals for the Tenth Circuit
- Release Date : January 15, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 79 KB
Description
Petitioner, Ferenc Csekinek, appeals the decision of the Board of Immigration Appeals ("BIA") affirming the finding of the Immigration Judge ("IJ") that Csekinek is removable pursuant to 8 U.S.C. § 1227(a)(2)(E)(I) based on his March 1997 domestic violence conviction. He also appeals the IJs decision denying as untimely his application for asylum and denying him withholding of deportation. Csekinek claims that the IJ impermissibly used the date of his sentencing hearing as the date of his domestic violence "conviction," as that term is used in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA"). Csekinek argues that an earlier date on which he allegedly pled guilty to the domestic violence charge should have been used as the date of his conviction, and that because that guilty plea was entered before the effective date of the IIRIRA, it cannot be the basis for his being found to be removable. Csekinek also asks this Court to hold that civil deportation proceedings are, in essence, criminal proceedings which can violate the Ex Post Facto Clause contained in Article I of the United States Constitution, or, alternatively, that to apply IIRIRA to him would violate due process. Finally, Csekinek claims that he has demonstrated extraordinary circumstances justifying the untimeliness of his application for asylum, and that his application should not have been rejected on that ground. Because Csekineks claims are either without merit or are unreviewable, we AFFIRM the judgment of the IJ and the BIA.
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