United States Supreme Court
554 U.S. 1 (2008)
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.
Rule of Law
Holding and Reasoning (Kennedy, J.)
Dissent (Scalia, J.)
Dissent (Alito, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 221,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,100 briefs, keyed to 189 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.