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Keywords

injunctionhearingmotiondeportationnaturalizationliens
injunctionhearingmotiondeportationnaturalizationliens

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Ramirez-Juarez v. Immigration and Naturalization Service

Facts

Petitioners were found deportable by an immigration judge for having entered the United States without inspection in 1977. They had previously entered the U.S. illegally in 1973 and were allowed to depart voluntarily in 1977. After reentering the U.S. without inspection later that year, they were apprehended and sought to reopen their deportation proceedings based on an injunction related to other aliens, which the court found did not apply to their case.

Petitioners were found deportable by an immigration judge for having entered the United States without inspection in 1977. They had previously entered the U.S. illegally in 1973 and were allowed to depart voluntarily in 1977. After reentering the U.S. without inspection later that year, they were apprehended and sought to reopen their deportation proceedings based on an injunction related to other aliens, which the court found did not apply to their case.

Issue

Whether the petitioners could reopen their deportation proceedings based on an injunction that barred deportation of certain aliens, and whether they could challenge the validity of their prior deportation.

Whether the petitioners could reopen their deportation proceedings based on an injunction that barred deportation of certain aliens, and whether they could challenge the validity of their prior deportation.

Rule

An alien cannot collaterally attack an earlier exclusion or deportation at a subsequent deportation hearing in the absence of a gross miscarriage of justice at the prior proceedings.

An alien cannot collaterally attack an earlier exclusion or deportation at a subsequent deportation hearing in the absence of a gross miscarriage of justice at the prior proceedings.

Analysis

The court applied the rule by determining that the illegal entry in November 1977 was a deportable offense in its own right, regardless of the validity of the prior deportation. The court noted that the Silva injunction did not apply to the petitioners' case since their illegal entry occurred after the injunction's cutoff date.

The court applied the rule by determining that the illegal entry in November 1977 was a deportable offense in its own right, regardless of the validity of the prior deportation. The court noted that the Silva injunction did not apply to the petitioners' case since their illegal entry occurred after the injunction's cutoff date.

Conclusion

The court affirmed the Board's decision, holding that the petitioners' motion to reopen the deportation proceedings was properly denied.

The court affirmed the Board's decision, holding that the petitioners' motion to reopen the deportation proceedings was properly denied.

Who won?

The Immigration and Naturalization Service prevailed because the court found that the petitioners' illegal entry was a valid basis for deportation.

The Immigration and Naturalization Service prevailed because the court found that the petitioners' illegal entry was a valid basis for deportation.

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