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AL-SAKA v. SESSIONS

No. 17-3951.

904 F.3d 427 (2018)

Wissam Ibrahim AL-SAKA, Petitioner, v. Jefferson B. SESSIONS, III, Attorney General, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 18, 2018.

Attorney(s) appearing for the Case

ON BRIEF: Mohamed Elsharnoby , Dearborn, Michigan, for Petitioner. Rebecca Hoffberg-Phillips , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Respondent.

SUTTON, J., delivered the opinion of the court in which BATCHELDER, J., joined, and WHITE, J., joined in part. WHITE, J. (pg. 434-35), delivered a separate opinion concurring in all but the discussion of the applicability of the Fifth Amendment due process guarantee.

OPINION

Wissam Ibrahim Al-Saka received permanent residency on the condition that he remain married to Hanadi Hashem, a U.S. citizen, for at least two years. He ran afoul of that condition when Michigan annulled the marriage months after he arrived here. The immigration authorities refused to waive the condition...

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