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Keywords

precedentappealmotionasylumdeportationnaturalizationstatutory interpretation
attorneyappealmotionleaseparoleasylumdeportationnaturalizationstatutory interpretationliens

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Fieran v. Immigration and Naturalization Service

Facts

Fieran is a citizen of Romania who entered the United States as a stowaway in May 1990. After being taken into custody by the Immigration and Naturalization Service (INS), he applied for political asylum, which was denied. He was placed in exclusion proceedings in 1992, where he admitted to being excludable and requested asylum. His applications were denied, and he was ordered to be excluded and deported in 1994. Fieran later sought to remand his case to apply for cancellation of removal under the NACARA amendment, claiming eligibility under 309(f) of the IIRIRA.

Fieran is a citizen of Romania who entered the United States as a stowaway in May 1990. He was taken into custody by the Immigration and Naturalization Service (INS) and was paroled into the United States (meaning that he was released, but not 'lawfully admitted'). He applied for political asylum, but in 1991, the INS issued a notice of intent to deny asylum. On May 21, 1992, he was placed in exclusion proceedings before an immigration judge.

Issue

Whether the Board of Immigration Appeals abused its discretion in denying Fieran's motion to remand and reopen deportation proceedings for cancellation of removal under the IIRIRA.

Whether the Board of Immigration Appeals abused its discretion in denying Fieran's motion to remand and reopen deportation proceedings for cancellation of removal under the IIRIRA.

Rule

The court reviewed the BIA's denial of a motion to remand for abuse of discretion and statutory interpretation de novo, with deference to the BIA's interpretation of the law. The IIRIRA's provisions generally apply prospectively, and specific transitional rules apply to cases initiated before the effective date.

We review the BIA's denial of a motion to remand for abuse of discretion. Ashki, 233 F.3d at 917. We review questions of statutory interpretation de novo, id., but with due deference to the interpretation by the Attorney General and BIA.

Analysis

The court determined that Fieran was not eligible for the relief he sought under the IIRIRA because he was placed in exclusion proceedings before the effective date of the IIRIRA. The BIA's conclusion that Fieran was ineligible for suspension of deportation under the old INA was supported by precedent, and the court found that the special rule for cancellation of removal did not apply to his case.

Fieran was placed in exclusion proceedings on May 21, 1992, long before the effective date of the IIRIRA. The provision upon which he relies therefore does not apply to his case.

Conclusion

The court affirmed the BIA's decision and lifted the stay of removal, concluding that there was no abuse of discretion in denying Fieran's motion to remand.

For the foregoing reasons, we affirm the BIA's decision and lift the stay of removal.

Who won?

The Board of Immigration Appeals prevailed in the case, as the court upheld their decision that Fieran was ineligible for the relief he sought under the IIRIRA.

The BIA supported its conclusion with a citation to a 1986 case holding that aliens in exclusion proceedings were not eligible for suspension of deportation under the (old) INA.

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