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Keywords

asylumdeportationnaturalization
asylumdeportationnaturalization

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Pupek v. Immigration and Naturalization Service

Facts

Pupek is a native and citizen of Poland who first entered the United States in July 1985. After applying for political asylum, which was denied, she was deported in June 1991. Following her deportation, she reentered the U.S. without inspection in December 1991. The INS issued an order to show cause for her deportation, and Pupek attempted to collaterally attack her previous deportation, claiming she was a member of a class entitled to a stay of deportation under a prior injunctive order.

Pupek is a native and citizen of Poland who first entered the United States in July 1985. After applying for political asylum, which was denied, she was deported in June 1991. Following her deportation, she reentered the U.S. without inspection in December 1991. The INS issued an order to show cause for her deportation, and Pupek attempted to collaterally attack her previous deportation, claiming she was a member of a class entitled to a stay of deportation under a prior injunctive order.

Issue

Did the BIA err in holding Pupek deportable when she was a legalization applicant pursuant to the LULAC injunctive order and thus could not be deported during the pendency of her application?

Did the BIA err in holding Pupek deportable when she was a legalization applicant pursuant to the LULAC injunctive order and thus could not be deported during the pendency of her application?

Rule

An alien may collaterally attack a final order of deportation in a subsequent deportation proceeding if she can demonstrate that the prior proceeding resulted in a 'gross miscarriage of justice.' Orders of deportation are generally not subject to collateral attack.

An alien may collaterally attack a final order of deportation in a subsequent deportation proceeding if she can demonstrate that the prior proceeding resulted in a 'gross miscarriage of justice.' Orders of deportation are generally not subject to collateral attack.

Analysis

The court found that Pupek admitted to entering the U.S. without inspection and did not receive permission to reapply for admission after her deportation. The BIA determined that Pupek failed to demonstrate that she entered the U.S. before January 1, 1982, which is a requirement for the stay of deportation under the LULAC order. Thus, the court concluded that the BIA's decision was supported by substantial evidence.

The court found that Pupek admitted to entering the U.S. without inspection and did not receive permission to reapply for admission after her deportation. The BIA determined that Pupek failed to demonstrate that she entered the U.S. before January 1, 1982, which is a requirement for the stay of deportation under the LULAC order. Thus, the court concluded that the BIA's decision was supported by substantial evidence.

Conclusion

The court denied Pupek's petition for review of the BIA's order affirming her deportation, concluding that her previous deportation was not a gross miscarriage of justice.

The court denied Pupek's petition for review of the BIA's order affirming her deportation, concluding that her previous deportation was not a gross miscarriage of justice.

Who won?

U.S. Immigration and Naturalization Service prevailed because the court found that the BIA's decision was supported by substantial evidence and that Pupek did not meet the requirements for a stay of deportation.

U.S. Immigration and Naturalization Service prevailed because the court found that the BIA's decision was supported by substantial evidence and that Pupek did not meet the requirements for a stay of deportation.

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