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Keywords

attorneyhearingleasedeportationnaturalizationliens
attorneyhearingleasedeportationnaturalizationliens

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Fadare v. Reno

Facts

Clara Fadare was sentenced to the custody of the Attorney General for a period of 51 months for attempting to import 979.1 grams of a substance of which 89% was heroin. She was scheduled to complete her sentence on June 16, 1993. Fadare wrote to the court requesting the return of photographs of her children and raised concerns about her potential extended incarceration due to delays in deportation proceedings by the INS. The court inquired into the status of her passport and the commencement of deportation proceedings.

Clara Fadare was sentenced to the custody of the Attorney General for a period of 51 months for attempting to import 979.1 grams of a substance of which 89% was heroin. She was scheduled to complete her sentence on June 16, 1993. Fadare wrote to the court requesting the return of photographs of her children and raised concerns about her potential extended incarceration due to delays in deportation proceedings by the INS. The court inquired into the status of her passport and the commencement of deportation proceedings.

Issue

Whether the Immigration and Naturalization Service (INS) can delay the commencement of deportation proceedings against an alien until after the completion of their prison sentence.

Whether the Immigration and Naturalization Service (INS) can delay the commencement of deportation proceedings against an alien until after the completion of their prison sentence.

Rule

Section 702 of the Immigration Reform and Control Act of 1986 mandates that the Attorney General shall begin any deportation proceeding as expeditiously as possible after the date of the conviction of an alien subject to deportation.

Section 702 of the Immigration Reform and Control Act of 1986 mandates that the Attorney General shall begin any deportation proceeding as expeditiously as possible after the date of the conviction of an alien subject to deportation.

Analysis

The court found that the INS had failed to comply with the requirements of Section 701 of the Immigration Reform and Control Act, which was enacted to prevent the postponement of deportation hearings until after a prisoner's sentence had expired. The court noted that this practice contributed to unnecessary costs and inhumane treatment of deportable aliens, and emphasized the need for timely deportation proceedings.

The court found that the INS had failed to comply with the requirements of Section 701 of the Immigration Reform and Control Act, which was enacted to prevent the postponement of deportation hearings until after a prisoner's sentence had expired. The court noted that this practice contributed to unnecessary costs and inhumane treatment of deportable aliens, and emphasized the need for timely deportation proceedings.

Conclusion

The court issued an order for the Attorney General to commence and complete deportation proceedings against Fadare prior to her release date of June 16, 1993.

The court issued an order for the Attorney General to commence and complete deportation proceedings against Fadare prior to her release date of June 16, 1993.

Who won?

Clara Fadare prevailed in the case as the court ordered the Attorney General to expedite her deportation proceedings, highlighting the INS's failure to comply with statutory requirements.

Clara Fadare prevailed in the case as the court ordered the Attorney General to expedite her deportation proceedings, highlighting the INS's failure to comply with statutory requirements.

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