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.

Dan Dalton - 11/04/2007


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