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Keywords

jurisdictionattorneyhearingmotionhabeas corpusvisadeportationappellantliens
jurisdictionattorneyhearingmotionhabeas corpusvisadeportationappellantliens

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Singh v. Waters

Facts

Singh is a native and citizen of India, who entered the United States on a non-immigrant visa in 1980 and overstayed the visa. In 1983 he appeared before Immigration Judge Brian Simpson, who found Singh to be deportable as charged by the INS and granted him voluntary departure on or before June 9, 1983. Singh did not voluntarily depart, and a warrant of deportation was issued by the INS against him. On July 26, 1984 the INS ordered Singh to surrender for deportation on August 16, 1984. In July 1992 Singh married a U.S. citizen and filed a petition to adjust his status. His new attorney was told that Singh's file could not be located. At a hearing denying Singh's petition, he was handcuffed and immediately placed on a plane for deportation. Although a motion to stay deportation was granted, the INS took no action to stop deportation.

Singh is a native and citizen of India, who entered the United States on a non-immigrant visa in 1980 and overstayed the visa. In 1983 he appeared before Immigration Judge Brian Simpson, who found Singh to be deportable as charged by the INS and granted him voluntary departure on or before June 9, 1983. Singh did not voluntarily depart, and a warrant of deportation was issued by the INS against him. On July 26, 1984 the INS ordered Singh to surrender for deportation on August 16, 1984. In July 1992 Singh married a U.S. citizen and filed a petition to adjust his status. His new attorney was told that Singh's file could not be located. At a hearing denying Singh's petition, he was handcuffed and immediately placed on a plane for deportation. Although a motion to stay deportation was granted, the INS took no action to stop deportation.

Issue

Whether the deportation of Singh was lawful given the stay issued by the immigration judge and the failure to inform his counsel about the status of his file.

Whether the deportation of Singh was lawful given the stay issued by the immigration judge and the failure to inform his counsel about the status of his file.

Rule

Under 8 U.S.C. 1105a(c), a court lacks jurisdiction when an alien has departed the country, but the departure must be lawful. Additionally, the right to counsel for aliens in immigration proceedings is protected under 8 U.S.C. 1252(b).

Under 8 U.S.C. 1105a(c), a court lacks jurisdiction when an alien has departed the country, but the departure must be lawful. Additionally, the right to counsel for aliens in immigration proceedings is protected under 8 U.S.C. 1252(b).

Analysis

The court held that Singh was unlawfully removed for two reasons: first, the INS proceeded with his deportation after a stay had been issued by the immigration judge, and second, the INS failed to inform Singh's counsel that his file had been found, effectively denying him his right to counsel. The court noted that the INS could have complied with the stay in several ways, and its failure to do so rendered the deportation unlawful.

The court held that Singh was unlawfully removed for two reasons: first, the INS proceeded with his deportation after a stay had been issued by the immigration judge, and second, the INS failed to inform Singh's counsel that his file had been found, effectively denying him his right to counsel. The court noted that the INS could have complied with the stay in several ways, and its failure to do so rendered the deportation unlawful.

Conclusion

The appellate court reversed the district court's order denying Singh's petition for habeas corpus and remanded the case for further proceedings, directing the district court to grant the writ of habeas corpus and allow Singh to return to the United States.

The appellate court reversed the district court's order denying Singh's petition for habeas corpus and remanded the case for further proceedings, directing the district court to grant the writ of habeas corpus and allow Singh to return to the United States.

Who won?

Appellant (Singh) prevailed in the case because the court found that the INS's failure to comply with the stay of deportation and to inform his counsel constituted unlawful deportation.

Appellant (Singh) prevailed in the case because the court found that the INS's failure to comply with the stay of deportation and to inform his counsel constituted unlawful deportation.

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