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Keywords

jurisdictionjudicial review

plaintiffjurisdictionequityinjunctiondiscriminationparolevisanaturalization

Related Cases

Espinal v. Pere

Facts

Wilson Espinal, an illegal alien, entered Puerto Rico on May 2, 2000, intending to transit to St. Maarten but instead entered the United States. He showed a fraudulent stamp to immigration officials and later married a U.S. citizen. After being apprehended on April 4, 2001, while seeking adjustment of status, the United States initiated removal proceedings against him, claiming he was not eligible for relief under the LIFE Act due to his status as an 'arriving alien.'

Plaintiff, Wilson Espinal has filed an injunction and declaratory relief complaint under 28 U.S.C. 2201. Plaintiff was passing through to St. Maarteen as a TWOV (transit without visa) but instead of continuing to St. Maarteen, entered the United States at the International Airport. Espinal was apprehended on April 4, 2001 by the authorities when he visited the Immigration and Naturalization offices in Guaynabo, Puerto Rico, for the purpose of adjustment of status under Section 245(i), as amended by the Legal Immigration and Family Equity Act law enacted on December 21, 2000 (hereinafter referred to as 'LIFE Act').

Issue

Did the court have jurisdiction to hear Espinal's case given that he had not exhausted his administrative remedies?

Rule

The court ruled that under 8 U.S.C. 1252(d)(1), a removal order is reviewable only if the alien has exhausted all administrative remedies available to him as of right.

The removal order is reviewable 'only if`the alien has exhausted all administrative remedies available to the to the alien as of right' 8 U.S.C. 1252 (d)(1); Reno v. American-Arab Anti Discrimination Committee, 525 U.S. 471, 119 S. Ct. 936, 940-942, 142 L. Ed. 2d 940 (1999).

Analysis

The court determined that Espinal's failure to exhaust his administrative remedies meant it lacked jurisdiction to hear his case. The court emphasized that the determination of whether Espinal was covered under the LIFE Act must first be made by the administrative agency, and that the exhaustion of remedies was not futile as there was a legitimate controversy regarding his eligibility.

The Court neither agrees or disagrees with the United States analysis as to the merits. However, the Court is of the opinion that plaintiff must exhaust his administrative remedies as set forth under the law and that plaintiff, having failed to exhaust, the Court lacks jurisdiction pursuant to the mandate of the law.

Conclusion

The court dismissed the case with prejudice for lack of jurisdiction, stating that Espinal must first exhaust his administrative remedies before seeking judicial review.

For the reasons set forth in the Opinion and Order issued by the Court on this same date, this Court lacks jurisdiction and dismisses with prejudice the above captioned case.

Who won?

The United States prevailed in the case because the court found that Espinal had not exhausted his administrative remedies, which is a prerequisite for jurisdiction.

The United States has commenced detaining and removal proceedings under the law, because Espinal has not been admitted or paroled.

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