A case in the United States Supreme Court
, Immigration and Naturalization Service v. Assibi Abudu
, 485 U.S. 94
(1988), shifted the balance toward adjudications made by the INS
and away from those made by the federal courts of appeals when aliens who had been ordered deported seek to present new evidence in order to avoid deportation. The court ruled that courts must review the Board of Immigration Appeals
's decision to deny motions to reopen immigration proceedings—the name of the procedural device used to present new evidence to immigration officials—for abuse of discretion.
Assibi Abudu first came to the United States from his native Ghana
in 1965 as a student. He went to medical school
, and spent the summer of 1973 in his home country. When Assibi Abudu returned to the United States that fall, his student visa
allowed him to remain until 1976. When the visa expired, however, Assibi Abudu did not return to Ghana. Instead, he remained in the United States and married an American citizen. In 1981, Assibi Abudu pleaded guilty to charges of attempting to obtain demerol
by fraud. The immigration department then began deportation proceedings.
In these first deportation proceedings, Assibi Abudu tried to remain in the United States by adjusting his status on account of his marriage to an American citizen. But his conviction for a drug crime made him excludable from the United States, and so immigration officials denied his request for adjustment... Read More