Filed Date: March 27, 1989
Closed Date: 1989
Clearinghouse coding complete
In 1989, a Colombia national and lawful permanent resident who was facing deportation for a criminal conviction filed suit in the United States District Court for the Southern District of New York seeking an order to enjoin his deportation. Following his release from state prison on drug charges, the INS instituted deportation proceedings against him and an deportation order was entered. Petitioner subsequently sought to reopen his deportation case and to stay his deportation on the grounds that the New York State Parole Board had granted him a Certificate of Relief from Civil Disabilities. Petitioner maintained that the Parole Board certificate ended his "convicted" status and that he was no longer deportable as a matter of law. The Board of Immigration Appeals and INS refused to stay his deportation while his motion to reopen the case was pending. Petitioner then filed this suit in federal court and moved for injunctive relief. The INS opposed the requested relief and moved to dismiss the case.
On April 18, 1989, the District Court (Judge Haight) issued an injunction prohibiting the deportation of petitioner until the Board of Immigration Appeals ruled on his motion to reopen his deportation case. Giraldo-Hernandez v. New York Dist. Director of U.S. I.N.S., 1989 WL 39684 (S.D.N.Y. 1989).
We have no further information on this case.
Summary Authors
Dan Dalton (11/4/2007)
Haight, Charles Sherman Jr. (New York)
Atlas, Linda (New York)
MacFall, Timothy (New York)
Romano, Benito (New York)
Haight, Charles Sherman Jr. (New York)
Last updated July 9, 2022, 7:47 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: New York
Case Type(s):
Key Dates
Filing Date: March 27, 1989
Closing Date: 1989
Case Ongoing: No reason to think so
Plaintiffs
Plaintiff Description:
A Colombia national facing deportation for criminal conviction.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Immigration and Naturalization Service (INS), Federal
Case Details
Causes of Action:
Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Order Duration: 1989 - None
Issues
Immigration/Border: