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Keywords

jurisdictionstatuteappealhabeas corpusleaseprobationnaturalization

jurisdictionattorneyleaseprobationparole

Related Cases

Grant v. Zemski

Facts

Grant is a lawful permanent resident who was taken into custody by the Immigration and Naturalization Service based on a conviction over six years prior, for which he received probation and a fine. He was detained under 8 U.S.C.S. 1226(c) pending removal proceedings. The INS appealed a decision by an Immigration Judge that had ordered his release on bond, which resulted in Grant remaining in custody while awaiting a decision from the Board of Immigration Appeals.

Grant is a lawful permanent resident who was taken into custody by the INS on or about May 4, 1999, based on a conviction over six years ago for which he received probation and a fine.

Issue

Whether the court has jurisdiction to hear Grant's habeas corpus petition and whether the mandatory detention provision of 236(c) applies retroactively to him.

The court does not agree.

Rule

The court held that 8 U.S.C. 1226(e) does not contain a clear statement that Congress sought to eliminate habeas jurisdiction under 28 U.S.C. 2241, and that exhaustion of administrative remedies is not required when the administrative body has predetermined the issue.

The Attorney General's discretionary judgment regarding the application of this section shall not be subject to review. No court may set aside any action or decision by the Attorney General under this section regarding the detention or release of any alien or the grant, revocation, or denial of bond or parole.

Analysis

The court applied the rule by determining that the language of 236(e) did not explicitly revoke habeas jurisdiction and that the exhaustion requirement was not applicable in this case. The court reasoned that the issue of whether 236(c) applies retroactively is a question of statutory construction that does not require agency expertise. Additionally, the court noted that requiring Grant to remain in detention while the INS appealed would cause undue prejudice.

The reasoning set forth in Sandoval applies with equal force to 236(e) and, specifically whether 236(e) stripped this Court of jurisdiction to review a challenge to Grant's mandatory detention under 236(c).

Conclusion

The court granted the petition for a writ of habeas corpus, holding that exhaustion of administrative remedies was not required and that 236(c) of the Immigration and Nationality Act was not retroactively applicable to Grant.

I therefore hold that 236(e) has not removed or modified this Court's jurisdiction to hear Grant's habeas petition pursuant to 28 U.S.C. 2241.

Who won?

Grant prevailed in the case because the court found that his detention was unlawful under the applicable statutes and that he was entitled to habeas relief.

The court granted the petition.

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