Nadim Hanna v. Eric Holder, Jr.


OPINION and JUDGMENT filed : Hanna s petition for review is GRANTED, the Board of Immigration Appeal s holding that Hanna s admission is binding is REVERSED, and Hanna is relieved of his attorney s 2003 concession of removability. Because the BIA s determination that Hanna is removable is predicated upon this concession of removability, we reverse that determination. The case is REMANDED to the BIA to decide, consistent with the reasoning provided above, whether Hanna s specific offense under Mich. Comp. Laws 750.82 is a crime involving moral turpitude and whether he is removable without giving his attorney s 2003 concession binding effect. IT IS FURTHER ORDERED that the BIA s conclusion that Hanna is ineligible for asylum is AFFIRMED.Decision for publication. Gilbert S. Merritt, Julia Smith Gibbons (AUTHORING) and David W. McKeague, Circuit Judges.

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Case: 12-4272 Document: 006111939351 Filed: 01/17/2014 Page: 1 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT Deborah S. Hunt Clerk 100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE CINCINNATI, OHIO 45202-3988 Tel. (513) 564-7000 Filed: January 17, 2014 Mr. Russell R. Abrutyn Marshal E. Hyman & Associates 3250 W. Big Beaver, Suite 529 Troy, MI 48084 Mr. Aric Allan Anderson Mr. James E. Grimes Mr. Thom W. Hussey U.S. Department of Justice Office of Immigration Litigation P.O. Box 878 Washington, DC 20044 Ms. Faten Tina Shuker 31000 Northwestern Highway, Suite 140 Farmington Hills, MI 48334 Re: Case No. 12-4272, Nadim Hanna v. Eric Holder, Jr. Originating Case No. : A 46 737 768 Dear Counsel, The court today announced its decision in the above-styled case. Enclosed is a copy of the court's opinion together with the judgment which has been entered in conformity with Rule 36, Federal Rules of Appellate Procedure. Yours very truly, Deborah S. Hunt, Clerk Cathryn Lovely Deputy Clerk Case: 12-4272 Enclosures Mandate to issue. Document: 006111939351 Filed: 01/17/2014 Page: 2

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