Al Momani v. Mukasey, No. 07-60105 (5th Cir. 2007)
Annotate this Case
Download PDF
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 07-60105 Summary Calendar December 7, 2007 Charles R. Fulbruge III Clerk IHSAN HAMAD SULEMAN AL MOMANI, also known as Ihsan Hamad Momani, Petitioner, v. MICHAEL B. MUKASEY, U.S. Attorney General, Respondent. Petition for Review of an Order of the Board of Immigration Appeals No. A79 711 675 Before REAVLEY, SMITH, and BARKSDALE, Circuit Judges. PER CURIAM:* * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 07-60105 Ihsan Al Momani, a native and citizen of Jordan, petitions for review of the dismissal by the Board of Immigration Appeals ( BIA ) of his appeal of the order of the immigration judge ( IJ ) denying his application for asylum, withholding of removal, and relief under the Convention Against Torture ( CAT ). The IJ granted Al Momani s request for voluntary departure, and the BIA ordered him to depart voluntarily from the United States within forty-seven days from the BIA s January 17, 2007, order. Al Momani apparently failed to depart as ordered, and his current deportation status is listed as a fugitive. [T]he fugitive disentitlement doctrine limits a criminal defendant s access to the judicial system whose authority he evades. Bagwell v. Dretke, 376 F.3d 408, 410 (5th Cir. 2004). We recently have extended the fugitive disentitlement doctrine to the immigration context where the petitioners were fugitive aliens who evaded custody and failed to comply with a removal order. Giri v. Keisler, ___ F.3d ___, No. 06-60569, 2007 WL 3276110, at *2-*3 (5th Cir. Nov. 7, 2007) (per curiam). Because Al Momani has failed to depart from the United States as ordered and became a fugitive after filing his petition for review with this court, the fugitive disentitlement doctrine bars further review of the BIA s decision. See id. Accordingly, the petition for review is DISMISSED. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
