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Keywords

attorneydivorceparolejudicial review

attorneydivorceparole

Related Cases

Mersereau v. Ingham

Facts

Blair Mersereau, a Canadian citizen, obtained status as a conditional permanent resident alien after marrying a U.S. citizen. Following their divorce, the bona fides of the marriage were questioned, and Mersereau's conditional resident status was terminated. After attempting to re-enter the U.S. and being denied admission, he applied for parole, which was also denied. Mersereau argued that he was wrongfully denied admission and parole, claiming he was suffering irreparable harm due to his exclusion.

Blair Mersereau, a Canadian citizen, obtained status as a conditional permanent resident alien on April 12, 1989, following his marriage to a United States citizen on August 30, 1988. The couple lived in Holliston, near Boston, Massachusetts. The marriage was a stormy one. The couple separated in early 1990, and were divorced in 1992.

Issue

Whether the District Director of the INS wrongfully denied Mersereau's application for parole into the United States.

Rule

The Attorney General may, in his discretion, parole into the United States temporarily any alien applying for admission for emergent reasons or reasons deemed strictly in the public interest, and such decisions are subject to judicial review.

Section 212(d)(5)(A) of the INA provides, in pertinent part, that 'the Attorney General may . . . in his discretion parole into the United States temporarily under such conditions as he may prescribe for emergent reasons or for reasons deemed strictly in the public interest any alien applying for admission to the United States.'

Analysis

The court found that Mersereau had a strong argument that the summary rejection of his parole application was not based on a 'facially legitimate and bona fide reason.' The court noted that the INS's basis for denying parole was Mersereau's excludability, which could not be a legitimate reason for denying parole. Furthermore, the court considered that Mersereau possessed a waiver application receipt notice that could support his claim for admission.

I find that there is at least a likelihood that Mr. Mersereau can show that District Director Ingham abused his discretion in making his parole decision, even under the deferential standard of review of Bertrand v. Sava. In his letter of December 7, 1994, to Mr. Mersereau's attorney, Mr. Ingham indicated that parole was being denied because Mr. Mersereau's conditional permanent resident status had been terminated — i.e., because Mr. Mersereau was an excludable alien.

Conclusion

The court directed the INS to parole Mersereau into the United States under conditions consistent with the Immigration and Nationality Act.

The court directed the INS to parole the petitioner into the United States under conditions consistent with the Immigrations and Nationality Act.

Who won?

Blair Mersereau prevailed in the case because the court found that he was likely to suffer irreparable harm and had a strong possibility of success on the merits of his claim.

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