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Keywords

jurisdictionappealpleahabeas corpusfelonyprobationnaturalization
jurisdictionappealpleahabeas corpusfelonyprobationnaturalization

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Santos v. Reno

Facts

Santos, a permanent resident alien from El Salvador, pleaded guilty to burglary of a vehicle in Texas and was sentenced to probation. After violating probation, the INS charged him with deportability as an aggravated felon based on this conviction. Santos did not contest his deportability but sought discretionary relief, which was denied. He later filed a habeas corpus petition arguing that his conviction should not be classified as an aggravated felony due to a legislative reclassification, but the district court granted his petition, leading to the INS's appeal.

Santos, a permanent resident alien from El Salvador, pleaded guilty to burglary of a vehicle in Texas and was sentenced to probation. After violating probation, the INS charged him with deportability as an aggravated felon based on this conviction. Santos did not contest his deportability but sought discretionary relief, which was denied. He later filed a habeas corpus petition arguing that his conviction should not be classified as an aggravated felony due to a legislative reclassification, but the district court granted his petition, leading to the INS's appeal.

Issue

Did the district court have jurisdiction to grant Santos's habeas corpus petition under 28 U.S.C.S. 2241?

Did the district court have jurisdiction to grant Santos's habeas corpus petition under 28 U.S.C.S. 2241?

Rule

Under 8 U.S.C.S. 1105a(c), a district court cannot entertain a habeas petition unless it raises new grounds that could not have been presented on direct appeal.

Under 8 U.S.C.S. 1105a(c), a district court cannot entertain a habeas petition unless it raises new grounds that could not have been presented on direct appeal.

Analysis

The court determined that Santos's claim regarding the classification of his conviction as an aggravated felony had already been considered and rejected in his prior appeal. Since he did not present any new grounds in his habeas petition, the district court lacked jurisdiction to entertain it under the transitional rules of IIRIRA.

The court determined that Santos's claim regarding the classification of his conviction as an aggravated felony had already been considered and rejected in his prior appeal. Since he did not present any new grounds in his habeas petition, the district court lacked jurisdiction to entertain it under the transitional rules of IIRIRA.

Conclusion

The court vacated the district court's grant of Santos's habeas corpus petition and remanded with instructions to dismiss for lack of jurisdiction.

The court vacated the district court's grant of Santos's habeas corpus petition and remanded with instructions to dismiss for lack of jurisdiction.

Who won?

The Immigration and Naturalization Service prevailed in the case because the court found that the district court lacked jurisdiction to grant the habeas petition.

The Immigration and Naturalization Service prevailed in the case because the court found that the district court lacked jurisdiction to grant the habeas petition.

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