Hih v. Lynch, No. 15-3475 (6th Cir. 2016)
Annotate this CaseHih, a Palestinian, overstayed a nonimmigrant visa and was subjected to removal proceedings. He sought asylum, withholding of removal, and relief under the Convention Against Torture, testifying that he had worked as an anti-terrorist agent with the Palestinian Authority, which subjected him to threats of persecution from Hamas. The IJ found Hih not to be credible and denied relief, but granted Hih’s request for voluntary departure. The BIA affirmed in January 2013, but found the IJ’s advisals regarding voluntary departure deficient. Instead of reversing the grant of voluntary departure, the BIA dismissed Hih’s appeal of the removal order and remanded “to allow the [IJ] the opportunity to provide [Hih] with the proper voluntary departure advisals.” At a March 13, 2013 hearing, Hih unsuccessfully attempted to supplement the record, then withdrew his request for voluntary departure. The IJ ordered Hih removed. Hih appealed. On April 3, 2015 the BIA treated Hih’s appeal as a motion to reconsider its earlier order and denied it as outside of the 30-day window. The Sixth Circuit dismissed for lack of jurisdiction, noting that Hih’s arguments concerned only the January 2013 BIA decision, which was “final,” and that Hih was required to file his appeal within 30 days of the BIA’s final order.
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