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Keywords

jurisdictionappealmotionhabeas corpusasylummotion to dismiss
jurisdictionappealmotionhabeas corpusasylummotion to dismiss

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Lin v. Chertoff

Facts

Mr. Lin arrived in the United States from China in 1992, seeking asylum and restriction on removal. On December 8, 1994, an immigration judge issued an oral decision denying his applications for relief and ordering that Mr. Lin be returned to China. Although the decision was affirmed by the Board of Immigration Appeals, Mr. Lin remained in the country and subsequently filed an application for adjustment of status. In September 2007, ICE officers arrested Mr. Lin pursuant to the 1994 Removal Order. He filed a petition in the district court for habeas corpus under 28 U.S.C. 2241, arguing that there was no longer a removal order to authorize his arrest and detention.

Mr. Lin arrived in the United States from China in 1992, seeking asylum and restriction on removal. On December 8, 1994, an immigration judge issued an oral decision denying his applications for relief and ordering that Mr. Lin be returned to China. Although the decision was affirmed by the Board of Immigration Appeals, Mr. Lin remained in the country and subsequently filed an application for adjustment of status. In September 2007, ICE officers arrested Mr. Lin pursuant to the 1994 Removal Order. He filed a petition in the district court for habeas corpus under 28 U.S.C. 2241, arguing that there was no longer a removal order to authorize his arrest and detention.

Issue

Whether the appeal should be dismissed as moot due to the initiation of new removal proceedings against Mr. Lin.

Whether the appeal should be dismissed as moot due to the initiation of new removal proceedings against Mr. Lin.

Rule

Mootness is a threshold issue because the existence of a live case or controversy is a constitutional prerequisite to federal court jurisdiction.

Mootness is a threshold issue because the existence of a live case or controversy is a constitutional prerequisite to federal court jurisdiction.

Analysis

The court agreed with the government that the initiation of new removal proceedings resolved the controversy giving rise to the appeal, thus dismissing the appeal for lack of jurisdiction. The court found that Mr. Lin's arguments regarding the capable of repetition, yet evading review exception to the mootness doctrine were unpersuasive, as the government had explicitly conceded that the 1994 Removal Order could not be enforced.

The court agreed with the government that the initiation of new removal proceedings resolved the controversy giving rise to the appeal, thus dismissing the appeal for lack of jurisdiction. The court found that Mr. Lin's arguments regarding the capable of repetition, yet evading review exception to the mootness doctrine were unpersuasive, as the government had explicitly conceded that the 1994 Removal Order could not be enforced.

Conclusion

The court of appeals granted the government's motion to dismiss, dismissed the appeal for lack of jurisdiction, and vacated that portion of the district court's order dismissing the alien's habeas corpus petition.

The court of appeals granted the government's motion to dismiss, dismissed the appeal for lack of jurisdiction, and vacated that portion of the district court's order dismissing the alien's habeas corpus petition.

Who won?

The government prevailed in the case because it demonstrated that the initial removal order could no longer be enforced, thus rendering the appeal moot.

The government prevailed in the case because it demonstrated that the initial removal order could no longer be enforced, thus rendering the appeal moot.

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