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Keywords

plaintiffdefendantjurisdictionattorneyappealhearingmotionasylumnaturalizationmotion to dismiss
plaintiffdefendantjurisdictionattorneyhearingmotionnaturalizationmotion to dismiss

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Ray v. Reno

Facts

In December of 1992, the Immigration and Naturalization Services (INS) apprehended Plaintiff Zheng, a native and citizen of the People's Republic of China, while he was attempting to enter the United States without proper entry documents. Zheng petitioned for political asylum, which was denied, and he was ordered excluded and deported. After marrying Plaintiff Ray, a U.S. citizen, they filed an application for adjustment of status. However, Zheng was taken into INS custody, prompting the plaintiffs to seek judicial intervention to prevent the execution of the exclusion order while their application was pending.

In December of 1992, the Immigration and Naturalization Services (INS) apprehended Plaintiff Zheng, a native and citizen of the People's Republic of China, while he was attempting to enter the United States without proper entry documents.

Issue

Whether the court has subject matter jurisdiction to hear the plaintiffs' claims regarding the execution of an exclusion order against Zheng.

Whether the court has subject matter jurisdiction to hear the plaintiffs' claims regarding the execution of an exclusion order against Zheng.

Rule

The jurisdictional bar contained in 242(g) of the Immigration and Nationality Act (INA) precludes any court from hearing claims arising from the Attorney General's decision to commence proceedings, adjudicate cases, or execute removal orders against an alien.

The jurisdictional bar contained in 242(g) of the Immigration and Nationality Act (INA) precludes any court from hearing claims arising from the Attorney General's decision to commence proceedings, adjudicate cases, or execute removal orders against an alien.

Analysis

The court determined that the plaintiffs' claims fell squarely within the jurisdictional bar of 242(g) of the INA, as they were seeking to enjoin the Attorney General from executing a removal order against Zheng. The court noted that the claims arose directly from the Attorney General's actions, which Congress intended to be exclusively reviewed by the courts of appeal, thus divesting the district court of jurisdiction.

The court determined that the plaintiffs' claims fell squarely within the jurisdictional bar of 242(g) of the INA, as they were seeking to enjoin the Attorney General from executing a removal order against Zheng.

Conclusion

The court granted defendants' motion to dismiss, concluding that it lacked jurisdiction to consider the plaintiffs' claims.

The court granted defendants' motion to dismiss, concluding that it lacked jurisdiction to consider the plaintiffs' claims.

Who won?

Defendants prevailed in the case because the court found that it lacked subject matter jurisdiction to hear the plaintiffs' claims based on the jurisdictional bar in 242(g) of the INA.

Defendants prevailed in the case because the court found that it lacked subject matter jurisdiction to hear the plaintiffs' claims based on the jurisdictional bar in 242(g) of the INA.

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