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Keywords

jurisdictionattorneyhearingparoleasylumcitizenshipdeportation
jurisdictionattorneyhearingparoleasylumcitizenshipdeportation

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Singh v. Enzer

Facts

Singh — also known as 'Mandar Singh' — was paroled into the United States in 1991, shortly after which he was taken into custody and charged as excludable pursuant to 8 U.S.C. 1182(a)(7)(A)(i)(I) for failure to present valid entry documents. Although Singh applied for political asylum, he was not present at the exclusion hearing later scheduled for January 17, 1997, and so the Immigration Judge entered an exclusion order against him. More than a decade later, during which time he filed a number of additional petitions with Citizenship and Immigration Services ('CIS'), Petitioner was apprehended by Immigration and Customs Enforcement in Hamden, Connecticut. Singh filed this Petition seeking to have his pending CIS applications promptly adjudicated and claiming that he was entitled to a bond hearing before being detained.

Singh — also known as 'Mandar Singh' — was paroled into the United States in 1991, shortly after which he was taken into custody and charged as excludable pursuant to 8 U.S.C. 1182(a)(7)(A)(i)(I) for failure to present valid entry documents. Although Singh applied for political asylum, he was not present at the exclusion hearing later scheduled for January 17, 1997, and so the Immigration Judge entered an exclusion order against him. More than a decade later, during which time he filed a number of additional petitions with Citizenship and Immigration Services ('CIS'), Petitioner was apprehended by Immigration and Customs Enforcement in Hamden, Connecticut. Singh filed this Petition seeking to have his pending CIS applications promptly adjudicated and claiming that he was entitled to a bond hearing before being detained.

Issue

Whether the court has jurisdiction to review the discretionary decisions made by Citizenship and Immigration Services regarding the alien's applications for adjustment of status, permission to reapply for admission after deportation or removal, and waiver of grounds of excludability.

Whether the court has jurisdiction to review the discretionary decisions made by Citizenship and Immigration Services regarding the alien's applications for adjustment of status, permission to reapply for admission after deportation or removal, and waiver of grounds of excludability.

Rule

According to 8 U.S.C. 1252(a)(2)(B), no court shall have jurisdiction to review any decision or action of the Attorney General or the Secretary of Homeland Security that is specified to be in the discretion of the Attorney General or the Secretary of Homeland Security.

According to 8 U.S.C. 1252(a)(2)(B), no court shall have jurisdiction to review any decision or action of the Attorney General or the Secretary of Homeland Security that is specified to be in the discretion of the Attorney General or the Secretary of Homeland Security.

Analysis

The court found that Singh essentially conceded that the application denials were discretionary and argued that they were wrongly decided. However, the court noted that it had no authority to compel a different outcome based on the language of 1252(a)(2)(B). The court emphasized that it could only review nondiscretionary acts or colorable constitutional claims, which Singh failed to present.

The court found that Singh essentially conceded that the application denials were discretionary and argued that they were wrongly decided. However, the court noted that it had no authority to compel a different outcome based on the language of 1252(a)(2)(B). The court emphasized that it could only review nondiscretionary acts or colorable constitutional claims, which Singh failed to present.

Conclusion

The court denied Singh's petition, but did so without prejudice in the event that his detention continued indefinitely without a likelihood of reasonably foreseeable removal.

The court denied Singh's petition, but did so without prejudice in the event that his detention continued indefinitely without a likelihood of reasonably foreseeable removal.

Who won?

The government prevailed in the case because the court determined it lacked jurisdiction to review the discretionary decisions made by CIS regarding Singh's applications.

The government prevailed in the case because the court determined it lacked jurisdiction to review the discretionary decisions made by CIS regarding Singh's applications.

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