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Keywords

appealhearinghabeas corpusfelonydue processdeportationnaturalizationliens
appealhearinghabeas corpusfelonydue processdeportationnaturalizationliens

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Servin-Espinoza v. Ashcroft

Facts

Lawful permanent resident Manuel Servin-Espinoza was ordered deported to Mexico after conviction of an aggravated felony. The Immigration and Naturalization Service (INS) charged him with deportability under INA former 241(a)(2)(A)(iii) for conviction of an aggravated felony after entry into the United States. The Immigration Judge ordered Servin-Espinoza deported to Mexico on September 18, 1998. Prior to his deportation hearing, the Board of Immigration Appeals (BIA) issued a decision holding that AEDPA 440(d) barred discretionary relief for deportable aliens but not for excludable aliens, which led to Servin-Espinoza being ineligible for 212(c) relief during his deportation proceedings.

Lawful permanent resident Manuel Servin-Espinoza was ordered deported to Mexico after conviction of an aggravated felony. The Immigration and Naturalization Service (INS) charged him with deportability under INA former 241(a)(2)(A)(iii) for conviction of an aggravated felony after entry into the United States. The Immigration Judge ordered Servin-Espinoza deported to Mexico on September 18, 1998. Prior to his deportation hearing, the Board of Immigration Appeals (BIA) issued a decision holding that AEDPA 440(d) barred discretionary relief for deportable aliens but not for excludable aliens, which led to Servin-Espinoza being ineligible for 212(c) relief during his deportation proceedings.

Issue

Whether enforcing 440(d) of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) against deportable aliens but not excludable aliens violates the equal protection component of the Due Process Clause.

Whether enforcing 440(d) of the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) against deportable aliens but not excludable aliens violates the equal protection component of the Due Process Clause.

Rule

The court applied the equal protection analysis to determine whether the distinction made by the AEDPA between deportable and excludable aliens regarding 212(c) relief was rational and constitutional.

The court applied the equal protection analysis to determine whether the distinction made by the AEDPA between deportable and excludable aliens regarding 212(c) relief was rational and constitutional.

Analysis

The court found that during the time between the BIA's decision in Fuentes-Campos and the court's decision in Estrada-Torres, the INS systematically treated excludable aliens more favorably than deportable aliens by allowing the former to apply for 212(c) relief while denying the latter that opportunity. The court noted that the government did not dispute this treatment but argued that it had a rational basis. However, the court concluded that the difference in treatment violated equal protection as it was not justified by the reasons provided by the government.

The court found that during the time between the BIA's decision in Fuentes-Campos and the court's decision in Estrada-Torres, the INS systematically treated excludable aliens more favorably than deportable aliens by allowing the former to apply for 212(c) relief while denying the latter that opportunity. The court noted that the government did not dispute this treatment but argued that it had a rational basis. However, the court concluded that the difference in treatment violated equal protection as it was not justified by the reasons provided by the government.

Conclusion

The court affirmed the order of the district court granting a writ of habeas corpus, finding that the enforcement of 440(d) against Servin-Espinoza constituted an equal protection violation.

The court affirmed the order of the district court granting a writ of habeas corpus, finding that the enforcement of 440(d) against Servin-Espinoza constituted an equal protection violation.

Who won?

Servin-Espinoza prevailed in the case because the court found that the enforcement of 440(d) against him violated his equal protection rights.

Servin-Espinoza prevailed in the case because the court found that the enforcement of 440(d) against him violated his equal protection rights.

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