Al Mutarrev v. Holder

I. FACTS AND PROCEDURAL HISTORY

Al Mutarreb was admitted to the United States on August 25, 1998, on an F-1 (student) visa. His visa allowed him to remain in the United States until August 20, 1999, for the pur- pose of studying at Contra Costa Community College in San Pablo, California. AL MUTARREB v. HOLDER 4115 In August or September of 1999, Al Mutarreb submitted an asylum application to the former Immigration and Naturaliza- tion Service,1 stating that he feared persecution if he returned to Yemen. After an interview with an asylum officer in Octo- ber 1999, Al Mutarreb received a Notice of Intent to Deny his application and submitted a rebuttal to the Notice, but received no response from the Service. A year and a half later, on April 3, 2001, the Service commenced removal proceed- ings against Al Mutarreb by issuing a Notice to Appear (“NTA”). The NTA charged that Al Mutarreb was removable under 8 U.S.C. § 1227(a)(1)(C)(i) (“Nonimmigrant status vio- lators”) because he had not attended Contra Costa Community College “from August 20, 1999 to Present,” and so failed to comply with the terms of his F-1 status. The NTA directed Al Mutarreb to appear in…