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Keywords

statuteappealhabeas corpusleaseregulationparoleasylumliens
statuteappealhabeas corpusleaseregulationparoleasylumliens

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Diaz v. Schiltgen

Facts

The alien, a citizen of El Salvador, was married to a permanent lawful United States resident and had two children who were United States citizens. He was detained when he attempted to reenter the United States by presenting a false passport. His request for asylum was subsequently denied. His request for parole pending appeal of the asylum decision was also denied. The alien then filed a petition for a writ of habeas corpus pursuant to 28 U.S.C.S. 2241.

The alien, a citizen of El Salvador, was married to a permanent lawful United States resident and had two children who were United States citizens. He was detained when he attempted to reenter the United States by presenting a false passport. His request for asylum was subsequently denied. His request for parole pending appeal of the asylum decision was also denied. The alien then filed a petition for a writ of habeas corpus pursuant to 28 U.S.C.S. 2241.

Issue

Whether the District Director had facially legitimate and bona fide reasons for the denial of petitioner's request for parole.

Whether the District Director had facially legitimate and bona fide reasons for the denial of petitioner's request for parole.

Rule

An alien in detention seeking admission to the United States may be released from INS detention 'for emergent reasons or reasons deemed strictly in the public interest.' 8 U.S.C. 1182(d)(5). The parole statute establishes a two-step analysis for determining whether an alien should be paroled.

An alien in detention seeking admission to the United States may be released from INS detention 'for emergent reasons or reasons deemed strictly in the public interest.' 8 U.S.C. 1182(d)(5). The parole statute establishes a two-step analysis for determining whether an alien should be paroled.

Analysis

The court found that the District Director did not advance any facially legitimate or bona fide reason for the denial of petitioner's parole. The reasons provided were inconsistent with the INS's own regulations, which specifically make parole available to aliens who have attempted entry into the United States by fraud. The court concluded that the District Director's reasoning was circular and did not provide an individualized assessment of the petitioner's case.

The court found that the District Director did not advance any facially legitimate or bona fide reason for the denial of petitioner's parole. The reasons provided were inconsistent with the INS's own regulations, which specifically make parole available to aliens who have attempted entry into the United States by fraud. The court concluded that the District Director's reasoning was circular and did not provide an individualized assessment of the petitioner's case.

Conclusion

The court granted the alien's petition for a writ of habeas corpus because the INS director failed to provide facially legitimate or bona fide reasons for denying his request for parole.

The court granted the alien's petition for a writ of habeas corpus because the INS director failed to provide facially legitimate or bona fide reasons for denying his request for parole.

Who won?

The petitioner prevailed in the case because the court found that the INS director did not provide legitimate reasons for the denial of parole.

The petitioner prevailed in the case because the court found that the INS director did not provide legitimate reasons for the denial of parole.

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