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Keywords

attorneystatutemotionasylumdeportationbad faithmotion to dismiss

attorneystatuteappealmotionasylummotion to dismiss

Related Cases

Rodriguez-Guardado v. Smith

Facts

Rodriguez, a citizen of El Salvador, entered the U.S. illegally in 2006 and had a final order of removal issued in 2011 after his asylum application was denied. He received several discretionary stays of deportation from ICE, but his most recent stay expired in March 2017. After ICE ordered him to report for removal in July 2017, he filed motions to reopen his removal proceedings and was detained when he reported to ICE with a plane ticket to El Salvador.

Rodriguez, a citizen of El Salvador, illegally entered the United States in 2006. In 2011, the Bureau of Immigration Appeals (BIA) affirmed the denial of Rodriguez's application for asylum, and issued a final order of removal.

Issue

Whether Rodriguez's detention by ICE was lawful given that the removal period had allegedly expired.

Rule

Under 8 U.S.C. 1231(a)(2), the Attorney General must detain an alien for 90 days to effectuate a removal order, but this period can be extended under certain conditions outlined in 1231(a)(1)(C).

The government contends that Rodriguez's detention is authorized by 8 U.S.C. 1231(a)(2) , which mandates that 'the Attorney General shall detain the alien' for 90 days (the so-called 'removal period') to effectuate a removal order.

Analysis

The court analyzed whether Rodriguez's actions in seeking discretionary stays constituted 'acts' that would extend the removal period under 1231(a)(1)(C). It concluded that the statutory language did not require a finding of bad faith for such actions to extend the removal period, and thus Rodriguez's continued detention was authorized.

This court respectfully disagrees with Arevalo 's syllogism. The disjunctive juxtaposition of 'conspires or acts' more naturally captures a distinction between collusive conduct and personal action.

Conclusion

The court allowed the government's motion to dismiss, concluding that Rodriguez's detention was lawful under the applicable statutes.

For [**12] the foregoing reasons, the government's motion to dismiss is ALLOWED.

Who won?

The government prevailed in the case because the court found that Rodriguez's detention was authorized under the relevant immigration statutes.

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