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Keywords

plaintiffjurisdictionattorneymotionasylumdeportationnaturalizationjudicial reviewmotion to dismiss
plaintiffjurisdictionattorneymotionnaturalizationjudicial reviewmotion to dismiss

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Saccoh v. Immigration and Naturalization Service

Facts

Plaintiffs Amanita Saccoh and Sulaiman Saccoh sought judicial review of the District Director of the INS's denial of Amanita Saccoh's request for an extension of voluntary departure. Amanita, a native of Sierra Leone, entered the U.S. as a nonimmigrant visitor and was placed in deportation proceedings after her asylum application was denied. She was granted voluntary departure but failed to leave by the required date, leading to her request for an extension being denied by the District Director.

Plaintiffs Amanita Saccoh and Sulaiman Saccoh sought judicial review of the District Director of the INS's denial of Amanita Saccoh's request for an extension of voluntary departure.

Issue

Whether the court has subject matter jurisdiction to review the INS's denial of Amanita Saccoh's request for an extension of voluntary departure.

Whether the court has subject matter jurisdiction to review the INS's denial of Amanita Saccoh's request for an extension of voluntary departure.

Rule

The court applied the provisions of the Immigration and Nationality Act (INA), specifically sections 242(g) and 242(a)(2)(B)(ii), which strip courts of jurisdiction to review certain discretionary decisions made by the Attorney General or her delegates.

The court applied the provisions of the Immigration and Nationality Act (INA), specifically sections 242(g) and 242(a)(2)(B)(ii), which strip courts of jurisdiction to review certain discretionary decisions made by the Attorney General or her delegates.

Analysis

The court found that the Attorney General, through her delegate the District Director, was adjudicating Mrs. Saccoh's case regarding her request for an extension of voluntary departure. The court concluded that the denial of the extension was a decision to execute a deportation order, which fell under the jurisdiction-stripping provisions of the INA. Therefore, the court held that it lacked the authority to review the District Director's decision.

The court found that the Attorney General, through her delegate the District Director, was adjudicating Mrs. Saccoh's case regarding her request for an extension of voluntary departure.

Conclusion

The court granted the INS's motion to dismiss the plaintiffs' complaint for lack of subject matter jurisdiction.

The court granted the INS's motion to dismiss the plaintiffs' complaint for lack of subject matter jurisdiction.

Who won?

The Immigration and Naturalization Service (INS) prevailed in the case because the court found it lacked jurisdiction to review the denial of the extension of voluntary departure.

The Immigration and Naturalization Service (INS) prevailed in the case because the court found it lacked jurisdiction to review the denial of the extension of voluntary departure.

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