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Keywords

jurisdictionappealregulationinternational lawasylumdeportation
jurisdictionappealregulationinternational lawasylumdeportation

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Galo-Garcia v. Immigration and Naturalization Service

Facts

Galo entered the United States without inspection on July 3, 1985. After filing an application for asylum, he indicated his desire to withdraw that application and instead requested safe haven and nonreturn based on customary international law. The immigration judge dismissed his claims for lack of jurisdiction, and the Board of Immigration Appeals affirmed this decision.

Galo entered the United States without inspection on July 3, 1985. After filing an application for asylum, he indicated his desire to withdraw that application and instead requested safe haven and nonreturn based on customary international law. The immigration judge dismissed his claims for lack of jurisdiction, and the Board of Immigration Appeals affirmed this decision.

Issue

Did the Board of Immigration Appeals have jurisdiction to hear Galo's request for safe haven and nonreturn under customary international law?

Did the Board of Immigration Appeals have jurisdiction to hear Galo's request for safe haven and nonreturn under customary international law?

Rule

The Board's appellate jurisdiction is defined by the regulations set forth in 8 C.F.R. 3.1(b), and unless the regulations affirmatively grant power to act in a particular matter, the Board has no appellate jurisdiction over it.

The Board's appellate jurisdiction is defined by the regulations set forth in 8 C.F.R. 3.1(b), and unless the regulations affirmatively grant power to act in a particular matter, the Board has no appellate jurisdiction over it.

Analysis

The court found that neither the Immigration and Nationality Act nor its regulations affirmatively grants jurisdiction over claims arising under customary international law. Since Galo voluntarily withdrew his application for asylum and withholding, the court held that he should have applied for withholding of deportation or asylum instead.

The court found that neither the Immigration and Nationality Act nor its regulations affirmatively grants jurisdiction over claims arising under customary international law. Since Galo voluntarily withdrew his application for asylum and withholding, the court held that he should have applied for withholding of deportation or asylum instead.

Conclusion

The court affirmed the decision of the Board of Immigration Appeals, concluding that Galo's claims were properly dismissed for lack of jurisdiction.

The court affirmed the decision of the Board of Immigration Appeals, concluding that Galo's claims were properly dismissed for lack of jurisdiction.

Who won?

The Board of Immigration Appeals prevailed because the court upheld their dismissal of Galo's application, determining that jurisdiction was not conferred under customary international law.

The Board of Immigration Appeals prevailed because the court upheld their dismissal of Galo's application, determining that jurisdiction was not conferred under customary international law.

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