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Keywords

jurisdictionhearingmotiondeportationnaturalizationrespondentmotion to dismiss

jurisdictionhearingmotiondeportationnaturalizationmotion to dismiss

Related Cases

Excellent v. Ashcroft

Facts

The Government commenced deportation proceedings against Excellent, a Haitian national and lawful permanent resident, based on a 1992 drug conviction. The Immigration and Naturalization Service (INS) filed that action in New York in February of 1995. Excellent sought relief from deportation but failed to attend a scheduled hearing in 1996, resulting in an order of deportation in absentia. In 2004, he was arrested and detained by DHS on an outstanding immigration warrant and filed a habeas petition while in custody.

The Government commenced deportation proceedings against Excellent, a Haitian national and lawful permanent resident, based on a 1992 drug conviction. The Immigration and Naturalization Service ('INS'), the predecessor agency to the BICE, filed that action in New York in February of 1995. Excellent sought relief from deportation under section 212(c) of the Immigration and Naturalization Act ('INA'), 8 U.S.C. 1182(c), but failed to attend a scheduled hearing in New York before an immigration judge ('IJ') on November 20, 1996.

Issue

Whether the court has jurisdiction to hear Excellent's habeas petition challenging his deportation order and present detention.

Whether the Court has jurisdiction to hear Excellent's habeas petition challenging his deportation order and his detention.

Rule

The court found that when the BIA grants a motion to reopen, the previous order of deportation is vacated, rendering challenges to that order moot. Additionally, a habeas petition must be brought against the petitioner's immediate custodian.

The Court finds merit in the Government's contention that Excellent's challenge to his deportation order is now moot and therefore outside the Court's subject matter jurisdiction.

Analysis

The court determined that Excellent's challenge to his deportation order was moot because the BIA had granted his motion to reopen, vacating the previous order. As for his challenge to his present detention, the court noted that Excellent did not name the proper respondents who had immediate control over him, thus lacking jurisdiction to hear that aspect of the petition as well.

The Court examines these separate claims for relief in turn. The Court finds merit in the Government's contention that Excellent's challenge to his deportation order is now moot and therefore outside the Court's subject matter jurisdiction.

Conclusion

The court granted the government's motion to dismiss Excellent's petition without prejudice, concluding that it lacked jurisdiction over both the challenge to the deportation order and the challenge to his present confinement.

Accordingly, this petition, to the extent that it challenges Excellent's deportation order, is dismissed without prejudice.

Who won?

The government prevailed in the case because the court found that Excellent's petition was moot and that it lacked jurisdiction over the challenges presented.

The Government brought the instant motion to dismiss the habeas petition due to mootness and this Court's lack of jurisdiction to hear the petition.

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