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Keywords

statuteappealpleadeportationnaturalization
statuteappealpleadeportationnaturalization

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Shaar v. Immigration and Naturalization Service

Facts

The Shaars entered the United States as nonimmigrant visitors for pleasure and overstayed their scheduled departure date. The Immigration and Naturalization Service initiated deportation proceedings against them, and an immigration judge found them deportable but allowed them to depart voluntarily. They failed to depart and later filed a request to reopen their case, which was denied by the immigration judge and upheld by the Board of Immigration Appeals.

The Shaars entered the United States as nonimmigrant visitors for pleasure and overstayed their scheduled departure date. The Immigration and Naturalization Service initiated deportation proceedings against them, and an immigration judge found them deportable but allowed them to depart voluntarily. They failed to depart and later filed a request to reopen their case, which was denied by the immigration judge and upheld by the Board of Immigration Appeals.

Issue

Whether the petitioners were eligible for suspension of deportation despite their failure to depart by the scheduled date.

Whether the petitioners were eligible for suspension of deportation despite their failure to depart by the scheduled date.

Rule

Under 8 U.S.C. 1252b(e)(2)(A), any alien who remains in the United States after the scheduled date of departure, other than due to exceptional circumstances, is not eligible for certain forms of relief, including suspension of deportation.

Under 8 U.S.C. 1252b(e)(2)(A), any alien who remains in the United States after the scheduled date of departure, other than due to exceptional circumstances, is not eligible for certain forms of relief, including suspension of deportation.

Analysis

The court found that the Shaars had been properly notified of their voluntary departure and that their failure to leave by the scheduled date precluded them from obtaining the relief they sought. The court emphasized that the statute clearly states that remaining in the U.S. after the departure date without exceptional circumstances bars eligibility for relief.

The court found that the Shaars had been properly notified of their voluntary departure and that their failure to leave by the scheduled date precluded them from obtaining the relief they sought. The court emphasized that the statute clearly states that remaining in the U.S. after the departure date without exceptional circumstances bars eligibility for relief.

Conclusion

The court denied the petition for review, affirming the decision of the Board of Immigration Appeals and the immigration judge, as the Shaars did not depart by the required date and did not demonstrate exceptional circumstances.

The court denied the petition for review, affirming the decision of the Board of Immigration Appeals and the immigration judge, as the Shaars did not depart by the required date and did not demonstrate exceptional circumstances.

Who won?

The Immigration and Naturalization Service prevailed in the case because the court upheld the denial of the petitioners' request to reopen their deportation proceedings based on their failure to depart voluntarily.

The Immigration and Naturalization Service prevailed in the case because the court upheld the denial of the petitioners' request to reopen their deportation proceedings based on their failure to depart voluntarily.

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