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Keywords

lawsuitjurisdictionattorneymotionimmigration lawdeportationnaturalizationjudicial reviewrespondentliens

jurisdictionattorneyimmigration lawdeportationjudicial reviewrespondentliens

Related Cases

Reno v. American-Arab Anti-Discrimination Comm.

Facts

The Immigration and Naturalization Service (INS) initiated deportation proceedings against several individuals affiliated with the Popular Front for the Liberation of Palestine (PFLP), alleging violations of the Immigration and Nationality Act. The respondents filed a lawsuit claiming that the INS was selectively enforcing immigration laws against them due to their political affiliations. The INS moved to dismiss the suit, arguing that the court lacked jurisdiction under 8 U.S.C. 1252(g). The lower courts denied the motion, leading to the Supreme Court's review.

Petitioners instituted deportation proceedings against respondents on the basis that they were in technical violation of the Immigration and Nationality Act (INA), 8 U.S.C.S. 101 et seq. Respondents filed suit alleging petitioners were selectively enforcing immigration laws against them in violation of U.S. Const. amend. I and U.S. Const. amend. V because petitioners were members of an international terrorist and communist organization.

Issue

Does 8 U.S.C. 1252(g) deprive federal courts of jurisdiction over selective enforcement claims in deportation proceedings?

The issue before us is whether, as petitioners contend, this provision deprives the federal courts of jurisdiction over respondents' suit.

Rule

8 U.S.C. 1252(g) restricts judicial review of the Attorney General's decisions or actions to commence proceedings, adjudicate cases, or execute removal orders against aliens under the Immigration and Nationality Act.

8 U.S.C. 1252(g) restricted judicial review of the Attorney General's 'decision or action' to 'commence proceedings, adjudicate cases, or execute removal orders against any alien under this Act.'

Analysis

The Supreme Court analyzed the language of 8 U.S.C. 1252(g) and determined that it explicitly limits judicial review to the specified actions of the Attorney General. The Court concluded that since the respondents' claims challenged the decision to commence deportation proceedings, they fell within the jurisdictional restrictions of 1252(g). Therefore, the Court found that the lower courts lacked jurisdiction to hear the respondents' selective enforcement claims.

The Court held that 8 U.S.C. 1252(g) restricted judicial review of the Attorney General's decisions or actions to commence proceedings, adjudicate cases, or execute removal orders against aliens under the INA. Since respondents' suit challenged petitioners' decision to commence proceedings against them, there was no jurisdiction over respondents' selective enforcement suit and 1252 did not otherwise provide jurisdiction.

Conclusion

The Supreme Court vacated the Ninth Circuit's order affirming jurisdiction over the respondents' selective enforcement claims and remanded the case for further proceedings consistent with its opinion.

The Court vacated and remanded the appellate court's decision.

Who won?

The petitioners, including the United States Attorney General, prevailed in the case as the Supreme Court held that federal courts lacked jurisdiction over the respondents' claims under 8 U.S.C. 1252(g).

The Court held that federal courts lacked jurisdiction over the respondents' claims under 8 U.S.C. 1252(g).

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