Dada v. Mukasey

Samson Taiwo Dada (plaintiff), a native and citizen of Nigeria, overstayed his temporary nonimmigrant visa and, consequently, the Department of Homeland Security initiated proceedings to remove Dada from the United States under § 237(a)(1)(B) of the Immigration and Nationality Act (INA). Dada claimed that he had married an American citizen who had filed an I-130 Petition for Alien Relative so that he could stay in the country, but that the petition had been denied. The immigration judge ordered Dada to be removed from the United States, but granted Dada’s request to leave voluntarily. The Board of Immigration Appeals (BIA) affirmed the judge’s order and gave Dada 30 days to leave the county. Two days before he was required to leave, Dada filed a request to withdraw his voluntary departure and, at the same time, filed a motion to reopen his removal proceeding with the BIA. Dada claimed to have material evidence demonstrating a bona fide marriage and asked that his case be continued until a second I-130 petition could be resolved. Two months later, the BIA denied Dada’s motion to reopen his case on the ground that he had overstayed his voluntary departure period. Dada filed an appeal against Attorney General Michael Mukasey (defendant) in the Fifth Circuit Court of Appeals. The appellate court affirmed the BIA’s order. The U.S. Supreme Court granted certiorari to review.