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Keywords

appealdeportationnaturalizationlevy
appealdeportationnaturalizationlevy

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Bar-Levy v. Immigration and Naturalization Service

Facts

Bar-Levy was born in Israel and became a lawful permanent resident of the United States in September 1976. In September 1982, he was convicted of importing a substantial quantity of cocaine and sentenced to three years in prison. Following this conviction, the Immigration and Naturalization Service charged him as deportable under section 241(a)(11) of the Act. Bar-Levy conceded his deportability but sought discretionary relief, specifically a waiver of deportation under section 212(c), which was denied by the immigration judge and upheld by the BIA.

Bar-Levy was born in Israel and became a lawful permanent resident of the United States in September 1976. In September 1982, he was convicted of importing a substantial quantity of cocaine and sentenced to three years in prison. Following this conviction, the Immigration and Naturalization Service charged him as deportable under section 241(a)(11) of the Act. Bar-Levy conceded his deportability but sought discretionary relief, specifically a waiver of deportation under section 212(c), which was denied by the immigration judge and upheld by the BIA.

Issue

Whether the Board of Immigration Appeals abused its discretion in denying Bar-Levy's application for a waiver of deportation.

Whether the BIA abused its discretion in denying Bar-Levy's application for a waiver of deportation.

Rule

An alien who is a fugitive from a deportation order should not be permitted to pursue an appeal of the deportation order or a denial of his application for a waiver of deportation.

An alien who is a fugitive from a deportation order should not be permitted to pursue an appeal of the deportation order or a denial of his application for a waiver of deportation.

Analysis

The court applied the fugitive from justice rule, which allows for the dismissal of appeals by fugitives. It reasoned that Bar-Levy's failure to surrender to immigration authorities rendered him a fugitive, thus barring him from invoking the court's resources to challenge his deportation. The court noted that the rationale for this rule includes the unenforceability of decisions against fugitives and the need to discourage escape and promote the efficient operation of the appellate courts.

The court applied the fugitive from justice rule, which allows for the dismissal of appeals by fugitives. It reasoned that Bar-Levy's failure to surrender to immigration authorities rendered him a fugitive, thus barring him from invoking the court's resources to challenge his deportation. The court noted that the rationale for this rule includes the unenforceability of decisions against fugitives and the need to discourage escape and promote the efficient operation of the appellate courts.

Conclusion

The court affirmed the BIA's decision, concluding that Bar-Levy, as a fugitive from a deportation order, was not entitled to pursue his appeal.

The court affirmed the BIA's decision, concluding that Bar-Levy, as a fugitive from a deportation order, was not entitled to pursue his appeal.

Who won?

The United States Department of Justice prevailed in the case because the court upheld the BIA's decision to deny Bar-Levy's waiver of deportation based on his fugitive status.

The United States Department of Justice prevailed in the case because the court upheld the BIA's decision to deny Bar-Levy's waiver of deportation based on his fugitive status.

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