Gabriel Maldonado Vasquez v. Oscar Aviles

639 F. App'x 898
CourtCourt of Appeals for the Third Circuit
DecidedFebruary 24, 2016
Docket15-2214
StatusUnpublished
Cited by14 cases

This text of 639 F. App'x 898 (Gabriel Maldonado Vasquez v. Oscar Aviles) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gabriel Maldonado Vasquez v. Oscar Aviles, 639 F. App'x 898 (3d Cir. 2016).

Opinion

OPINION *

RENDELL, Circuit Judge:

Gabriel Maldonado Vasquez appeals the District Court’s dismissal of his 28 U.S.C. § 2241 habeas corpus petition and its denial of his civil contempt motion. Because we discern no reversible errors in these rulings, we will affirm the District Court.

I. BACKGROUND

Vasquez was born in Guatemala and is a citizen of that country. In 1993, at the age of six, he immigrated to the United States. In 2005, he pled guilty to two misdemean- or offenses — reckless endangerment and theft — and the next year he pled guilty to resisting arrest. Then, in 2007, an immigration judge ordered him to be removed and deported to Guatemala. Soon thereafter, he pled guilty to possession of marijuana. Years later, in 2015, U.S. Immigra *900 tion and Customs Enforcement (“ICE”) agents arrested him and held him in custody pending his removal.

While detained by ICE, Vasquez claimed that he should not be removed because he was eligible for the Deferred Action for Childhood Arrivals (“DACA”) program, which allows certain undocumented immigrants to temporarily stay in the country. These immigrants can be considered for the program even if they are “already in removal proceedings or subject to a final order of removal.” (App. 118.) To be eligible for DACA, an individual must satisfy several requirements, one of which mandates that the individual cannot have “been convicted of ... a significant misdemeanor offense [or] multiple misdemeanor offenses.” (App.117.) Significantly, the decision to grant relief under the program is an “exercise of prosecutorial discretion.” (App.118.)

To apply for DACA, an individual usually submits an application to U.S. Citizenship and Immigration Services. But that process is unavailable to individuals who are currently “in immigration detention.” (App.299.) Instead, they must contact their “deportation officer, the relevant ‘Jail Liaison,’ [or] the ICE Field Office Director.” (Id.)

On April 2, 2015, Vasquez’s counsel was informed by “Deportation Officer Carey” that Vasquez was “ineligible for DACA due to his misdemeanor convictions.” (App. 14.) That same day, Vasquez filed a § 2241 habeas petition in the District of New Jersey. He claimed that his detention violated his due process rights because he was eligible for DACA relief, and because he was being detained contrary to certain federal regulations. He also claimed that his detention violated 8 U.S.C. § 1231, which limits how long one can be detained aftér a removal order is issued.

The next day, Christopher Shanahan, an ICE field office director, denied an 1-246 application for stay of removal that Vasquez had filed soon after he was detained by ICE. In that application, Vasquez had asserted, among other things, that he deserved a stay of removal because he was eligible for DACA. Shanahan rejected the application, finding “no compelling reason to warrant a favorable exercise of [his] discretion.” (App.115.)

Several days later, on April 7, Vasquez filed an emergency motion to stay his removal. The next day, a judge granted the motion and ordered a temporary stay. But that order came too late: Vasquez had been deported to Guatemala three hours before it was issued. Vasquez subsequently filed a motion to hold the appellees in civil contempt, claiming they had purposefully violated the stay order by deporting him.

On April 24, 2015, the District Court concluded that it lacked subject matter jurisdiction over Vasquez’s habeas petition because it was grounded in his 2007 removal order and therefore was not reviewable by a district court. It also held that, given Vasquez’s removal from- the United States, his petition was moot to the extent that it challenged the legality and length of his detention. Lastly, it denied his contempt motion, concluding that the appel-lees could not have violated the stay order because they had removed Vasquez three hours before the order was issued.

II. DISCUSSION

A. Lack of Subject Matter Jurisdiction 1

Under the REAL ID Act, a district court lacks jurisdiction to consider a *901 § 2241 habeas petition if that petition seeks “judicial review of an order of removal ” 8 U.S.C. § 1252(a)(5). A petitioner may request review of such an order only “with an appropriate court of appeals.” Id. Relying on § 1252(a)(5), the District Court held that it lacked jurisdiction because Vasquez’s petition was “grounded in” his January 2007 removal order. (App.7.) We will affirm the District Court, albeit on a different ground.

Vasquez argues that the District Court erred because his § 2241 habeas petition pertained “to his relief from removal, not the removal order itself.” (Vasquez’s Br. 17.) In effect, he contends that he was challenging not his removal order but the government’s subsequent failure to grant him discretionary relief under DACA. For support, he draws on Nnadika v. Attorney General of United States, 484 F.3d 626 (3d Cir.2007), a case in which an individual subject to an order of removal filed a § 2241 petition challenging the denial of his application for asylum relief. We held that the district court had jurisdiction to consider his petition because the petition did not “directly implicate the order of removal,” as it “pointfed] to no legal error in the final order of removal.” Id. at 632-33.

But even if we credit Vasquez’s argument, we must still conclude that the District Court lacked jurisdiction over his § 2241 petition insofar as it pertained to his claim that he was entitled to relief under DACA. Under 8 U.S.C. § 1252(g), titled “Exclusive jurisdiction,” “notwithstanding ... section 2241 of Title 28 ... no court shall have jurisdiction to hear any cause or claim by ... any alien arising from the decision or action by the Attorney General to commence proceedings, adjudicate cases, or execute removal orders against any alien under this chapter.” This provision deprives all courts of jurisdiction to review a denial of DACA relief because that decision involves the exercise of prosecutorial discretion not to grant a deferred action. See Reno v. American-Arab Anti-Discrimination Comm., 525 U.S. 471, 485, 119 S.Ct. 936, 142 L.Ed.2d 940 (1999) (“Section 1252(g) seems clearly designed to give some measure of protection to ‘no deferred action’ decisions and similar discretionary determinations....”). The District Court therefore lacked jurisdiction to consider Vasquez’s challenge to his denial of DACA relief.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

MARTINEZ v. ODDO
W.D. Pennsylvania, 2025
VALLEJO AMORES v. TSOUKARIS
D. New Jersey, 2023
TRAORE v. EDWARDS
D. New Jersey, 2022
Gonzalez Gonzalez v. Gaylord
N.D. Illinois, 2021
KAJTAZI v. ORTIZ
D. New Jersey, 2019
Yearwood v. Barr
391 F. Supp. 3d 255 (S.D. Illinois, 2019)
Casa De Md. v. U.S. Dep't of Homeland SEC.
924 F.3d 684 (Fourth Circuit, 2019)
Gondal v. U.S. Dep't of Homeland Sec.
343 F. Supp. 3d 83 (E.D. New York, 2018)
Uc Regents v. Usdhs
Ninth Circuit, 2018
Martinez v. Nielsen
341 F. Supp. 3d 400 (D. New Jersey, 2018)
Coyotl v. Kelly
261 F. Supp. 3d 1328 (N.D. Georgia, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
639 F. App'x 898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gabriel-maldonado-vasquez-v-oscar-aviles-ca3-2016.