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Keywords

jurisdictionattorneystatuteappealmotionhabeas corpusdeportationnaturalizationrespondentliensmotion to dismiss
jurisdictionattorneystatuteappealmotionhabeas corpusdeportationnaturalizationrespondentliensmotion to dismiss

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Massoumi-Demaghi v. Weiss

Facts

The immigrant filed a petition for a writ of habeas corpus under 28 U.S.C.S. 2241 and argued that his detention by the INS officer was illegal. The officer filed a motion to dismiss the petition and argued the 8 U.S.C.S. 1252(a)(1),(2), and(3) authorized taking the immigrant into custody. The court found that the issues presented by the immigrant could reasonably be reviewed by the Board, which resulted in the immigrant's failure to exhaust the legal means available for review and did not vest the court with jurisdiction over the case.

The immigrant filed a petition for a writ of habeas corpus under 28 U.S.C.S. 2241 and argued that his detention by the INS officer was illegal. The officer filed a motion to dismiss the petition and argued the 8 U.S.C.S. 1252(a)(1),(2), and(3) authorized taking the immigrant into custody. The court found that the issues presented by the immigrant could reasonably be reviewed by the Board, which resulted in the immigrant's failure to exhaust the legal means available for review and did not vest the court with jurisdiction over the case.

Issue

The question presented here is whether the general habeas corpus statute, 28 U.S.C. 2241, vests this court with jurisdiction to consider a petition which challenges a detention/bond determination made incident to a deportation proceeding in progress.

The question presented here is whether the general habeas corpus statute, 28 U.S.C. 2241, vests this court with jurisdiction to consider a petition which challenges a detention/bond determination made incident to a deportation proceeding in progress.

Rule

Habeas corpus is intended to determine whether one under restraint, be it detained, in custody or subject to terms and conditions akin to restraint, such as under bond, is restrained lawfully. There is no authority in any government officer or agency to restrain any one's liberty except as such may be authorized by some provision of the law.

Habeas corpus is intended to determine whether one under restraint, be it detained, in custody or subject to terms and conditions akin to restraint, such as under bond, is restrained lawfully. There is no authority in any government officer or agency to restrain any one's liberty except as such may be authorized by some provision of the law.

Analysis

The court applied the rule by determining that the INS claims that the statutes which charge it with the duty of apprehending and processing deportations of illegal aliens authorize petitioner's arrest and detention. The court noted that the petitioner has appealed the Immigration Judge's determination as to bond to the Board of Immigration Appeals and that the Attorney General is proceeding with reasonable dispatch.

The court applied the rule by determining that the INS claims that the statutes which charge it with the duty of apprehending and processing deportations of illegal aliens authorize petitioner's arrest and detention. The court noted that the petitioner has appealed the Immigration Judge's determination as to bond to the Board of Immigration Appeals and that the Attorney General is proceeding with reasonable dispatch.

Conclusion

The court granted the officer's motion to dismiss.

The court granted the officer's motion to dismiss.

Who won?

The respondent, an officer of the Immigration and Naturalization Service (INS), prevailed in the case because the court found it did not have jurisdiction to consider the petition due to the petitioner's failure to exhaust available legal means for review.

The respondent, an officer of the Immigration and Naturalization Service (INS), prevailed in the case because the court found it did not have jurisdiction to consider the petition due to the petitioner's failure to exhaust available legal means for review.

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