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Keywords

jurisdictionvisanaturalizationjudicial reviewappellantliens
jurisdictionvisanaturalizationjudicial reviewappellantliens

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Fares v. Immigration and Naturalization Service

Facts

Appellants Soraya F. Fares and her daughter, Dr. Marie-Therese H. Assa'ad-Faltas, are both Coptic Orthodox Christians from Egypt. Faltas entered the U.S. on a J-1 visa but overstayed and later applied for adjustment of status and legalization, both of which were denied by the INS. The INS initiated exclusion proceedings against Faltas due to her immigration status, and the appellants sought judicial relief, claiming violations of the Privacy Act and other constitutional rights.

Appellants Soraya F. Fares and her daughter, Dr. Marie-Therese H. Assa'ad-Faltas, are both Coptic Orthodox Christians from Egypt. Faltas entered the U.S. on a J-1 visa but overstayed and later applied for adjustment of status and legalization, both of which were denied by the INS. The INS initiated exclusion proceedings against Faltas due to her immigration status, and the appellants sought judicial relief, claiming violations of the Privacy Act and other constitutional rights.

Issue

Did the district court err in dismissing the appellants' claims for lack of jurisdiction due to failure to exhaust administrative remedies and in determining that the Privacy Act did not protect Faltas?

Did the district court err in dismissing the appellants' claims for lack of jurisdiction due to failure to exhaust administrative remedies and in determining that the Privacy Act did not protect Faltas?

Rule

A party must exhaust all administrative remedies before a final order of exclusion is considered subject to judicial review, and the Privacy Act only protects U.S. citizens or aliens lawfully admitted for permanent residence.

A party must exhaust all administrative remedies before a final order of exclusion is considered subject to judicial review, and the Privacy Act only protects U.S. citizens or aliens lawfully admitted for permanent residence.

Analysis

The court found that the appellants had not exhausted their administrative remedies regarding the exclusion proceedings, as there had been no final order of exclusion. The court also determined that the Privacy Act did not apply to Faltas since she was not a U.S. citizen or a lawful permanent resident, thus affirming the district court's dismissal of the claims.

The court found that the appellants had not exhausted their administrative remedies regarding the exclusion proceedings, as there had been no final order of exclusion. The court also determined that the Privacy Act did not apply to Faltas since she was not a U.S. citizen or a lawful permanent resident, thus affirming the district court's dismissal of the claims.

Conclusion

The court affirmed the judgment dismissing appellants' claims against the INS under the Privacy Act and dismissing their challenges to exclusion proceedings and claims concerning adjustment of status.

The court affirmed the judgment dismissing appellants' claims against the INS under the Privacy Act and dismissing their challenges to exclusion proceedings and claims concerning adjustment of status.

Who won?

The United States Immigration and Naturalization Service (INS) prevailed because the court upheld the district court's findings that the appellants had not exhausted their administrative remedies and that the Privacy Act did not apply to Faltas.

The United States Immigration and Naturalization Service (INS) prevailed because the court upheld the district court's findings that the appellants had not exhausted their administrative remedies and that the Privacy Act did not apply to Faltas.

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