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Keywords

jurisdictiondeportation
jurisdictiondeportation

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Somir v. United States

Facts

The alien, a native of Guyana, attempted to enter the country illegally in 1996 and was allowed to withdraw his application for admission by an immigration judge. However, this decision was reversed, leading to an exclusion order in 1998. After reentering the U.S. illegally in 1999, he was detained in 2004, and the BICE indicated it would initiate new removal proceedings against him. The alien filed two petitions seeking to prevent these actions.

The alien, a native of Guyana, attempted to enter the country illegally in 1996 and was allowed to withdraw his application for admission by an immigration judge. However, this decision was reversed, leading to an exclusion order in 1998. After reentering the U.S. illegally in 1999, he was detained in 2004, and the BICE indicated it would initiate new removal proceedings against him. The alien filed two petitions seeking to prevent these actions.

Issue

Whether the court has jurisdiction to review the BICE's actions regarding the exclusion order and the initiation of deportation proceedings.

Whether the court has jurisdiction to review the BICE's actions regarding the exclusion order and the initiation of deportation proceedings.

Rule

A federal court may not review an exclusion order if the alien has not exhausted administrative remedies, and under 8 U.S.C. 1252(g), no court shall have jurisdiction to hear claims arising from the decision to commence removal proceedings.

A federal court may not review an exclusion order if the alien has not exhausted administrative remedies, and under 8 U.S.C. 1252(g), no court shall have jurisdiction to hear claims arising from the decision to commence removal proceedings.

Analysis

The court found that the petitioner had not exhausted his administrative remedies concerning the 1998 exclusion order, which barred the court from reviewing the validity of that order. Additionally, the court held that it could not adjudicate the petitioner's claims regarding the initiation of deportation proceedings as they were deemed premature under federal law.

The court found that the petitioner had not exhausted his administrative remedies concerning the 1998 exclusion order, which barred the court from reviewing the validity of that order. Additionally, the court held that it could not adjudicate the petitioner's claims regarding the initiation of deportation proceedings as they were deemed premature under federal law.

Conclusion

The court dismissed both of the alien's petitions and directed the court clerk to close the case.

The court dismissed both of the alien's petitions and directed the court clerk to close the case.

Who won?

The United States prevailed in the case because the court found that the petitioner failed to exhaust his administrative remedies and that the court lacked jurisdiction to review the BICE's actions.

The United States prevailed in the case because the court found that the petitioner failed to exhaust his administrative remedies and that the court lacked jurisdiction to review the BICE's actions.

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