Giri v. Keisler, 507 F.3d 833 (5th Cir. Nov. 7, 2007) (fugitive disentitlement doctrine may be invoked to dismiss a petition for review of a BIA decision by a fugitive alien: "It is uncontested that the Giris have become fugitives since they filed their petition for review with this court. Consequently, they now wish to invoke the protection that a favorable decision from this court would provide, without submitting themselves to the risk of an adverse ruling. While it is certainly possible that the Giris may eventually decide to comply with their removal order following an adverse ruling in this matter, there is no indication that they will do so, and thus any decision on the merits, unless it is to petitioners liking, may have no practical effect whatsoever. It is, as the Ninth Circuit suggests, akin to a game of "heads I win, tails youll never find me." We can find no reason to indulge such conduct, and therefore conclude that the fugitive disentitlement doctrine serves to bar further review of the BIAs decision.").



NOTE: Contrary to this decision, it would be possible to argue that where asylum is involved, there are life and death issues of submitting to deportation before the Court rules, and that some procedure short of fugitive disentitlement would be appropriate. See Bernal-Garcia v. INS, 852 F.2d 144 (5th Cir. August 19, 1988).
Thanks to Lisa Brodyaga.