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motionasylumdeportationcase lawliens
motionasylumdeportationcase lawliens

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Tanov v. Immigration and Naturalization Service

Facts

The alien arrived in the United States in 1990, conceded excludability through counsel, and was placed in exclusion proceedings. An IJ initially granted his application for asylum, but the BIA reversed this decision, leading to the alien's exclusion. After the passage of NACARA, the alien filed a motion to reopen his exclusion proceedings, asserting eligibility for suspension of deportation. The IJ granted the motion but denied the application for suspension, which the BIA affirmed.

The alien arrived in the United States in 1990, conceded excludability through counsel, and was placed in exclusion proceedings. An IJ initially granted his application for asylum, but the BIA reversed this decision, leading to the alien's exclusion. After the passage of NACARA, the alien filed a motion to reopen his exclusion proceedings, asserting eligibility for suspension of deportation. The IJ granted the motion but denied the application for suspension, which the BIA affirmed.

Issue

Whether the petitioner is eligible for suspension of deportation under NACARA despite being in exclusion proceedings.

Whether the petitioner is eligible for suspension of deportation under NACARA despite being in exclusion proceedings.

Rule

Aliens who are in exclusion proceedings are not eligible for suspension of deportation under NACARA, as established by prior case law.

Aliens who are in exclusion proceedings are not eligible for suspension of deportation under NACARA, as established by prior case law.

Analysis

The court analyzed the eligibility requirements under NACARA and determined that the petitioner, having been ordered excluded prior to the enactment of IIRIRA and NACARA, remained ineligible for suspension of deportation. The court noted that NACARA did not change the legal landscape regarding the exclusion of aliens and that the petitioner had not legally entered the United States.

The court analyzed the eligibility requirements under NACARA and determined that the petitioner, having been ordered excluded prior to the enactment of IIRIRA and NACARA, remained ineligible for suspension of deportation. The court noted that NACARA did not change the legal landscape regarding the exclusion of aliens and that the petitioner had not legally entered the United States.

Conclusion

The court affirmed the BIA's decision, denying the petitioner's request for suspension of deportation under NACARA.

The court affirmed the BIA's decision, denying the petitioner's request for suspension of deportation under NACARA.

Who won?

The INS prevailed in the case as the court upheld the BIA's decision, concluding that the petitioner was ineligible for suspension of deportation.

The INS prevailed in the case as the court upheld the BIA's decision, concluding that the petitioner was ineligible for suspension of deportation.

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