Zundel v. Holder, No. 10-6012 (6th Cir. 2012)
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Zundel entered the U.S. in 2000 under the Visa Waiver Program, 8 U.S.C. 1187. He married a citizen, and applied for permanent residency (8 U.S.C. 1255). He did not attend his INS interview; the INS denied the application. In 2003 he was presented with a Warrant of Deportation. He filed a “Writ of Habeas Corpus, Petition for Temporary Restraining Order and Preliminary Injunction, Complaint for Constitutional Violations, Petition to Set Bond.” The district court and Sixth Circuit denied relief. Zundel was removed with notice that he was prohibited from returning for 20 years, 8 U.S.C. 1182(a)(9). Zundel filed amended petitions for habeas corpus, mandamus, and injunctive relief, and a Bivens claim for damages. The district court dismissed habeas claims. The Sixth Circuit converted to a petition for review under the REAL ID Act of 2005, 119 Stat. 231 and denied review. The district court dismissed remaining claims and denied amendment. The Sixth Circuit affirmed. Challenge to a determination that Zundel entered under the VWP (thereby waiving appeals) is barred by res judicata. The court lacked subject matter jurisdiction over a challenge to the bar of inadmissibility. A claim for loss of consortium fails to state a claim and a Bivens claim is time-barred.
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