Olga Tovashova v. Eric Holder, Jr.

ORDER DISMISSING APPEAL

Olga Tovashova and Artem V. Artamo-nov (collectively, “petitioners”) petition for review of a decision by the Board of Immigration Appeals affirming an immigration judge’s denial of asylum, withholding of removal, and protection under the Convention Against Torture. During the appeal, however, petitioners absconded from intensive supervision by the Department of Homeland Security (DHS). Respondent Eric H. Holder moves to dismiss the petition under the fugitive disentitlement doctrine. We exercise our discretion to grant the motion and dismiss the petition.

The fugitive disentitlement doctrine “is a discretionary sanction courts can impose ‘to prevent appellate review for escapees from the criminal justice system.’ ” Mamigonian v. Biggs, 710 F.3d 936, 940 (9th Cir.2013) (quoting Sun v. Mukasey, 555 F.3d 802, 804 (9th Cir.2009)). The doctrine has been applied in the immigration context to deny “appellate relief for aliens who have fled custody and cannot be located at the time their appeals are pending.” Mamigonian, 710 F.3d at 940 (internal quotation marks omitted). In determining whether to apply the doctrine, we have considered two factors: “(1) the…