Monday, March 17, 2008

Paputchi (case settled): OIL Agrees To Remand Based On USCIS Error

Some cases get resolved through a settlement agreement between the respondent and the lawyers for the government in OIL (the Office of Immigration Litigation).

According to an article by Kietryn Zychal of the Pocono Record (Agency to reopen Paputchi immigration case, March 12, 2008), the Third Circuit granted a stay of removal for Rukie Paputchi after 60 days in detention and OIL counsel has agreed to a joint motion to reopen the case and remand it back to the BIA. The issue is that her husband was eligible for protection under NACARA, the Nicaraguan Adjustment and Central American Relief Act, and that would also protect her. In fact, he should have received official protection in 1997 but INS (today known as USCIS) made a mistake and did not grant NACARA to her husband in 1997.

Apparently, OIL and ICE looked over the case and agreed that the case should be reopened and looked over by an immigration judge. As for Rukie herself, she was too emotional to speak about her feelings.


Post a Comment

<< Home