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Keywords

plaintiffdefendantjurisdictionappealhearingtestimonyhabeas corpusleasedue processimmigration lawdeportationnaturalization
plaintiffjurisdictionhabeas corpusdue processimmigration law

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Morisath v. Smith

Facts

Petitioner Boupone Morisath, a native and citizen of Laos, was arrested in January 1994 for a firearms-related incident and later convicted of Assault in the Third Degree and Misconduct Involving a Weapon. Following his conviction, the Immigration and Naturalization Service initiated deportation proceedings against him, which he conceded. The immigration judge denied him the opportunity to present testimony regarding his arrest, leading to the habeas corpus petition.

Petitioner Boupone Morisath is a twenty-two year old native and citizen of Laos. Mr. Morisath entered the United States as a refugee when he was five years old. He has lived in the United States since that time.

Issue

Whether the court has jurisdiction to consider the petitioner's claims regarding the final order of deportation and the denial of due process.

Whether the Court has jurisdiction to consider petitioner's claims is the threshold issue in this case.

Rule

The court held that significant changes to immigration law did not eliminate habeas corpus review by district courts when a petition asserts a fundamental miscarriage of justice or a substantial constitutional problem.

Significant changes to immigration law have recently been enacted through the Antiterrorism and Effective Death Penalty Act of 1996 ('AEDPA'), Pub. L. No. 104-132, 110 Stat. 1214, and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ('IIRIRA'), Pub. L. 104-208, 110 Stat. 3009-1570 (codified at 8 U.S.C. 1101, et seq.).

Analysis

The court determined that the refusal to allow Morisath to testify about the circumstances of his arrest constituted a denial of fundamental due process. This assertion allowed the court to establish jurisdiction over the habeas corpus petition, despite the defendants' argument that jurisdiction lay solely with the Court of Appeals.

The Court concludes that it does have jurisdiction to consider petitioner Morisath's petition for habeas corpus.

Conclusion

The court concluded it had subject matter jurisdiction and remanded the case for an individualized bond hearing to determine the conditions under which Morisath could be released from custody pending the habeas corpus proceedings.

The court concluded it had subject matter jurisdiction, since the amendments to the Immigration and Nationality Act did not eliminate habeas corpus review by district courts so long as the petition asserted a fundamental miscarriage of justice or a substantial constitutional problem.

Who won?

The plaintiff, Boupone Morisath, prevailed because the court found it had jurisdiction to hear his habeas corpus petition based on the denial of due process.

The plaintiff, Boupone Morisath, prevailed because the court found it had jurisdiction to hear his habeas corpus petition based on the denial of due process.

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