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Keywords

jurisdictionattorneyappealhabeas corpusasylumdeportationrespondent
jurisdictionattorneyappealhabeas corpusasylumdeportationrespondent

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Umanzor v. Lambert

Facts

Petitioner, an El Salvadoran citizen, illegally entered the United States and was ordered deported after his application for political asylum was denied. The Board of Immigration Appeals mailed notice of deportation to the wrong attorney, who received it shortly before the petitioner was scheduled to depart. Counsel filed a writ of habeas corpus just minutes after the petitioners flight took off, but the district court denied the petition for lack of jurisdiction, stating that the petitioner was no longer in custody.

Petitioner, an El Salvadoran citizen, illegally entered the United States and was ordered deported after his application for political asylum was denied. The Board of Immigration Appeals mailed notice of deportation to the wrong attorney, who received it shortly before the petitioner was scheduled to depart. Counsel filed a writ of habeas corpus just minutes after the petitioners flight took off, but the district court denied the petition for lack of jurisdiction, stating that the petitioner was no longer in custody.

Issue

Whether the district court had jurisdiction to review the habeas corpus petition after the petitioner had departed the United States.

Whether the district court had jurisdiction to review the habeas corpus petition after the petitioner had departed the United States.

Rule

Under 8 U.S.C. 1105a(c), an order of deportation shall not be reviewed by any court if the alien has departed from the United States after the issuance of the order.

Under 8 U.S.C. 1105a(c), an order of deportation shall not be reviewed by any court if the alien has departed from the United States after the issuance of the order.

Analysis

The court determined that although habeas jurisdiction attached when the petition was filed, the jurisdiction was precluded by 8 U.S.C. 1105a(c) because the petitioner had already departed the country. The court noted that the petitioner could suffer collateral consequences from his deportation, but this did not grant jurisdiction to review the merits of his claims.

The court determined that although habeas jurisdiction attached when the petition was filed, the jurisdiction was precluded by 8 U.S.C. 1105a(c) because the petitioner had already departed the country. The court noted that the petitioner could suffer collateral consequences from his deportation, but this did not grant jurisdiction to review the merits of his claims.

Conclusion

The court affirmed the district court's dismissal of the habeas corpus petition for lack of jurisdiction, as the petitioner had already departed the United States.

The court affirmed the district court's dismissal of the habeas corpus petition for lack of jurisdiction, as the petitioner had already departed the United States.

Who won?

The prevailing party was the respondent, Lambert, as the court upheld the dismissal of the habeas corpus petition.

The prevailing party was the respondent, Lambert, as the court upheld the dismissal of the habeas corpus petition.

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