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Keywords

attorneystatuteappealmotionregulationnaturalizationappellantappelleeliens
attorneystatuteappealmotionregulationnaturalizationappellantappelleeliens

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Rahim v. McNary

Facts

Appellant undocumented aliens, who were denied temporary resident status under the Special Agricultural Worker (SAW) provisions of the Immigration Reform and Control Act of 1986, brought an action against appellee Immigration and Naturalization Service (INS) that challenged two regulations of the INS that precluded applicants from filing motions to reopen a proceeding or reconsider an INS decision. The district court dismissed appellants' consolidated complaints for failure to state a claim under Fed. R. Civ. P. 12(b)(6).

Appellant undocumented aliens, who were denied temporary resident status under the Special Agricultural Worker (SAW) provisions of the Immigration Reform and Control Act of 1986, brought an action against appellee Immigration and Naturalization Service (INS) that challenged two regulations of the INS that precluded applicants from filing motions to reopen a proceeding or reconsider an INS decision. The district court dismissed appellants' consolidated complaints for failure to state a claim under Fed. R. Civ. P. 12(b)(6).

Issue

Whether the regulations of the Immigration and Naturalization Service (INS) that preclude applicants from filing motions to reopen a proceeding or reconsider an INS decision are permissible under the Immigration Reform and Control Act of 1986.

Whether the regulations of the Immigration and Naturalization Service (INS) that preclude applicants from filing motions to reopen a proceeding or reconsider an INS decision are permissible under the Immigration Reform and Control Act of 1986.

Rule

The court stated that although the Immigration and Control Act of 1986 (Act) was silent about motions to reopen, the language of the Act was consonant with regulations that precluded such motions.

The court stated that although the Immigration and Control Act of 1986 (Act) was silent about motions to reopen, the language of the Act was consonant with regulations that precluded such motions.

Analysis

The court found that the challenged regulations were consistent with the Congressional intent underlying the Immigration Reform and Control Act (IRCA). It noted that the Act provided only for a single level of administrative appellate review of a determination of a SAW application and that Congress explicitly directed the Attorney General to establish the Legalization Appeals Unit (LAU) to hear administrative appeals of denials of SAW applications. The court concluded that the regulations constituted a permissible construction of the statute.

The court found that the challenged regulations were consistent with the Congressional intent underlying the Immigration Reform and Control Act (IRCA). It noted that the Act provided only for a single level of administrative appellate review of a determination of a SAW application and that Congress explicitly directed the Attorney General to establish the Legalization Appeals Unit (LAU) to hear administrative appeals of denials of SAW applications. The court concluded that the regulations constituted a permissible construction of the statute.

Conclusion

The court affirmed the judgment of the district court, which dismissed the complaints of appellant undocumented aliens against appellee Immigration and Naturalization Service (INS) for failure to state a cause of action.

The court affirmed the judgment of the district court, which dismissed the complaints of appellant undocumented aliens against appellee Immigration and Naturalization Service (INS) for failure to state a cause of action.

Who won?

The Immigration and Naturalization Service (INS) prevailed in the case because the court found that the regulations prohibiting motions to reopen or reconsider were consistent with the intent of the Immigration Reform and Control Act.

The Immigration and Naturalization Service (INS) prevailed in the case because the court found that the regulations prohibiting motions to reopen or reconsider were consistent with the intent of the Immigration Reform and Control Act.

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