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Keywords

plaintiffjurisdictionappealpleamotionhabeas corpusfelonydeportationmotion to dismiss
plaintiffjurisdictionappealmotionhabeas corpusfelonydeportationnaturalizationmotion to dismiss

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Barnaby v. Reno

Facts

The plaintiff, described as a permanent resident alien, appealed from a Bureau of Immigration (BIA) deportation order based on his conviction for violating Conn.Gen.Stat. 53a-172, failure to appear. Although the underlying charge does not qualify as a ground for deportation, the failure to appear is considered an aggravated felony under 8 U.S.C. 1101(a)(43)(T), which authorized deportation. The plaintiff contended that he had answered to the underlying charge by pleading guilty and that no order was entered for him to appear.

The plaintiff, described as a permanent resident alien, appeals from a Bureau of Immigration (BIA) deportation order based on his conviction for violating Conn.Gen.Stat. 53a-172 , failure to appear. The underlying charge does not qualify as a ground for deportation but as a sentence of 2 years on that charge was possible, the failure to appear is within the definition of an aggravated felony, 8 U.S.C. 1101(a)(43)(T) conviction of which authorized deportation.

Issue

Whether the court had jurisdiction to hear the claims of the plaintiff regarding the deportation order and whether the petition could be dismissed or transferred.

Whether the court had jurisdiction to hear the claims of the plaintiff regarding the deportation order and whether the petition could be dismissed or transferred.

Rule

The court applied the principle that federal courts retain jurisdiction to review statutory and constitutional challenges to deportation orders, despite the limitations imposed by 8 U.S.C. 1252(g).

Though it has been argued that Congress' several stirrings of the Immigration and Naturalization Act (INA), 8 U.S.C. 1101 et seq , was intended to end consideration of immigration matters, particularly deportation orders, within the INS, and short of, and thus without provision for court review, see 242(g), habeas corpus survives.

Analysis

The court determined that the original filing was a petition for habeas corpus, which could not be dismissed based on 242(g) of the Immigration and Nationality Act. The court noted that the motion to dismiss lacked merit against a petition for habeas corpus and that the plaintiff's claims could not be dismissed or transferred to another circuit court of appeals. The court also considered the venue and found that the material events occurred in Connecticut, favoring retention of the case in that jurisdiction.

The court determined that the original filing was a petition for habeas corpus, which could not be dismissed based on 242(g) of the Immigration and Nationality Act. The court noted that the motion to dismiss lacked merit against a petition for habeas corpus and that the plaintiff's claims could not be dismissed or transferred to another circuit court of appeals.

Conclusion

The court preserved the ruling on the motion until the plaintiff had the opportunity to respond, and the motion to vacate the stay of deportation was denied.

The court preserved the ruling on the motion until the plaintiff had the opportunity to respond, and the motion to vacate the stay of deportation was denied.

Who won?

The plaintiff prevailed in the sense that the court denied the motion to dismiss and the motion to vacate the stay of deportation, allowing the case to proceed as a habeas petition.

The plaintiff prevailed in the sense that the court denied the motion to dismiss and the motion to vacate the stay of deportation, allowing the case to proceed as a habeas petition.

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