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Keywords

hearingpleahabeas corpusleasedue processliensguilty pleapiracy
hearingpleahabeas corpusleasedue processliensguilty pleapiracy

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Lawson v. Gerlinski

Facts

The alien, a native and citizen of Jamaica, was ordered removed based upon his guilty plea to conspiracy to possess with intent to distribute marijuana. The alien received a substantial reduction in his sentence because he cooperated with law enforcement authorities in the prosecution of a marijuana trafficking scheme. The alien alleged that his cooperation exposed him to retaliation in Jamaica and that removal to a country where his life would be at risk violated the substantive component of the Fifth Amendment Due Process Clause. The court determined that an evidentiary hearing was warranted as to the alien's substantive due process claim; he presented some evidence of a risk of substantial bodily harm or death if removed to Jamaica. However, the fact that the alien registered with the Selective Service did not confer on him the status of a United States national under 8 U.S.C.S. 1101(a)(22). The alien's claim that he was wrongfully denied deferred action was not cognizable in the habeas corpus proceeding. Finally, the alien's release from confinement was compelled because there was no adequate basis for his continued detention.

The alien, a native and citizen of Jamaica, was ordered removed based upon his guilty plea to conspiracy to possess with intent to distribute marijuana. The alien received a substantial reduction in his sentence because he cooperated with law enforcement authorities in the prosecution of a marijuana trafficking scheme. The alien alleged that his cooperation exposed him to retaliation in Jamaica and that removal to a country where his life would be at risk violated the substantive component of the Fifth Amendment Due Process Clause. The court determined that an evidentiary hearing was warranted as to the alien's substantive due process claim; he presented some evidence of a risk of substantial bodily harm or death if removed to Jamaica. However, the fact that the alien registered with the Selective Service did not confer on him the status of a United States national under 8 U.S.C.S. 1101(a)(22). The alien's claim that he was wrongfully denied deferred action was not cognizable in the habeas corpus proceeding. Finally, the alien's release from confinement was compelled because there was no adequate basis for his continued detention.

Issue

Whether the removal of the alien to Jamaica would violate the substantive component of the Fifth Amendment Due Process Clause due to a risk of harm, and whether the denial of deferred action was cognizable in a habeas corpus proceeding.

Whether the removal of the alien to Jamaica would violate the substantive component of the Fifth Amendment Due Process Clause due to a risk of harm, and whether the denial of deferred action was cognizable in a habeas corpus proceeding.

Rule

All aliens within the United States are 'persons' entitled to the protection of the Due Process Clause. The scope of habeas corpus review does not permit a determination of whether removal reflects 'an abuse of discretion' or is 'unsupported by substantial evidence.'

All aliens within the United States are 'persons' entitled to the protection of the Due Process Clause. The scope of habeas corpus review does not permit a determination of whether removal reflects 'an abuse of discretion' or is 'unsupported by substantial evidence.'

Analysis

The court found that Lawson had presented sufficient evidence to warrant a hearing on the question of whether his cooperation with the government has now exposed him to a substantial risk of death or serious bodily harm if deported to Jamaica. The court also determined that Lawson's continuing detention was not supported by evidence of flight risk or danger to the community, thus compelling his release from confinement.

The court found that Lawson had presented sufficient evidence to warrant a hearing on the question of whether his cooperation with the government has now exposed him to a substantial risk of death or serious bodily harm if deported to Jamaica. The court also determined that Lawson's continuing detention was not supported by evidence of flight risk or danger to the community, thus compelling his release from confinement.

Conclusion

The court dismissed the alien's claims based upon his alleged status as a national of the United States and the alleged wrongful denial of deferred action. The court granted in part the alien's petition for a writ of habeas corpus, ordering an evidentiary hearing on the alien's substantive due process claim and granting the alien release from confinement pending that hearing.

The court dismissed the alien's claims based upon his alleged status as a national of the United States and the alleged wrongful denial of deferred action. The court granted in part the alien's petition for a writ of habeas corpus, ordering an evidentiary hearing on the alien's substantive due process claim and granting the alien release from confinement pending that hearing.

Who won?

Lawson prevailed in part as the court ordered an evidentiary hearing on his substantive due process claim and granted his release from confinement, finding no adequate basis for continued detention.

Lawson prevailed in part as the court ordered an evidentiary hearing on his substantive due process claim and granted his release from confinement, finding no adequate basis for continued detention.

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