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Keywords

jurisdictionattorneyappealhearinghabeas corpusjudicial review
jurisdictionattorneyappealhearinghabeas corpusjudicial review

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Sharif ex rel. Sharif v. Ashcroft

Facts

The twin sisters were ordered removed after they failed to appear for immigration hearings. They did not seek judicial review in the court of appeals under 8 U.S.C.S. 1252(a), and a bag-and-baggage letter was issued and ignored. Later, they asked the district court to issue a writ of habeas corpus to stop the government from implementing the removal orders, but the district court held that it lacked jurisdiction.

The twin sisters were ordered removed after they failed to appear for immigration hearings. They did not seek judicial review in the court of appeals under 8 U.S.C.S. 1252(a), and a bag-and-baggage letter was issued and ignored. Later, they asked the district court to issue a writ of habeas corpus to stop the government from implementing the removal orders, but the district court held that it lacked jurisdiction.

Issue

Did the district court have jurisdiction to issue a writ of habeas corpus to stop the government from implementing removal orders against the twin sisters?

Did the district court have jurisdiction to issue a writ of habeas corpus to stop the government from implementing removal orders against the twin sisters?

Rule

Under 8 U.S.C. 1252(g), no court shall have jurisdiction to hear any cause or claim by or on behalf of any alien arising from the decision or action by the Attorney General to commence proceedings, adjudicate cases, or execute removal orders against any alien.

Under 8 U.S.C. 1252(g), no court shall have jurisdiction to hear any cause or claim by or on behalf of any alien arising from the decision or action by the Attorney General to commence proceedings, adjudicate cases, or execute removal orders against any alien.

Analysis

The court applied the rule by determining that the district court lacked jurisdiction to review the removal orders because the sisters had not pursued the proper administrative remedies. The court emphasized that the sisters' request for a stay of removal was directly related to the Attorney General's decision to execute the removal orders, which is barred from judicial review under 1252(g).

The court applied the rule by determining that the district court lacked jurisdiction to review the removal orders because the sisters had not pursued the proper administrative remedies. The court emphasized that the sisters' request for a stay of removal was directly related to the Attorney General's decision to execute the removal orders, which is barred from judicial review under 1252(g).

Conclusion

The court affirmed the judgment of the district court, concluding that it lacked jurisdiction to issue the writ of habeas corpus.

The court affirmed the judgment of the district court, concluding that it lacked jurisdiction to issue the writ of habeas corpus.

Who won?

The government prevailed in the case because the court upheld the district court's ruling that it lacked jurisdiction to intervene in the removal orders.

The government prevailed in the case because the court upheld the district court's ruling that it lacked jurisdiction to intervene in the removal orders.

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