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Keywords

attorneystatuteappealpleapatentdeportationliens
attorneystatuteappealpleapatentdeportationliens

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Guan v. Immigration and Naturalization Service

Facts

Petitioners were either convicted of or pleaded guilty to narcotics offenses and were ordered deported by the immigration judge pursuant to the provisions of 8 U.S.C.S. 1251(a)(11). The Board of Immigration Appeals affirmed the deportation order. Petitioners appealed, claiming that the government promised that deportation would be withheld and that 8 U.S.C.S. 1251(a)(11), which mandated the deportation of aliens who had been convicted of narcotics offenses, was an unconstitutional denial of equal protection of the laws because permanent residents were subject to it while citizens were not; and that the immigration judge improperly declined to exercise discretion in the disposition of their cases.

Petitioners were either convicted of or pleaded guilty to narcotics offenses and were ordered deported by the immigration judge pursuant to the provisions of 8 U.S.C.S. 1251(a)(11). The Board of Immigration Appeals affirmed the deportation order. Petitioners appealed, claiming that the government promised that deportation would be withheld and that 8 U.S.C.S. 1251(a)(11), which mandated the deportation of aliens who had been convicted of narcotics offenses, was an unconstitutional denial of equal protection of the laws because permanent residents were subject to it while citizens were not; and that the immigration judge improperly declined to exercise discretion in the disposition of their cases.

Issue

Whether the government made a promise to withhold deportation and whether the statute mandating deportation of narcotics offenders is unconstitutional.

Whether the government made a promise to withhold deportation and whether the statute mandating deportation of narcotics offenders is unconstitutional.

Rule

The power of Congress to regulate the admission and expulsion of aliens is plenary and, absent patent abuse, not subject to judicial scrutiny. The language of 1251(a)(11) is mandatory; once the Attorney General orders a proceeding commenced, the immigration judge must order deportation if the evidence supports a finding under the section.

The power of Congress to regulate the admission and expulsion of aliens is plenary and, absent patent abuse, not subject to judicial scrutiny. The language of 1251(a)(11) is mandatory; once the Attorney General orders a proceeding commenced, the immigration judge must order deportation if the evidence supports a finding under the section.

Analysis

The court found no evidence in the record indicating that any promise was made by the government regarding the withholding of deportation. The court also noted that Congress' decision to mandate the deportation of narcotics offenders is not without rational justification, and while the hardship imposed on minor offenders is concerning, the court must follow the statute's strictures. The immigration judge was not permitted to exercise discretion contrary to the statute.

The court found no evidence in the record indicating that any promise was made by the government regarding the withholding of deportation. The court also noted that Congress' decision to mandate the deportation of narcotics offenders is not without rational justification, and while the hardship imposed on minor offenders is concerning, the court must follow the statute's strictures. The immigration judge was not permitted to exercise discretion contrary to the statute.

Conclusion

The court denied the petitions for review and affirmed the deportation order on the basis of the convictions of petitioners for narcotics offenses and the mandate of the statute requiring deportation upon such convictions.

The court denied the petitions for review and affirmed the deportation order on the basis of the convictions of petitioners for narcotics offenses and the mandate of the statute requiring deportation upon such convictions.

Who won?

The government prevailed in the case because the court found that the deportation was mandated by statute and that the petitioners failed to provide evidence of any promise made by the government regarding withholding deportation.

The government prevailed in the case because the court found that the deportation was mandated by statute and that the petitioners failed to provide evidence of any promise made by the government regarding withholding deportation.

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