Trinidad Sanchez-Escareno v. Immigration & Naturalization Service

Ninth Circuit

Trinidad Sanchez-Escareno v. Immigration & Naturalization Service

681 F.2d 1133, 1982 U.S. App. LEXIS 17352

CourtCourt of Appeals for the Ninth Circuit

DecidedJuly 19, 1982

Docket79-7200

StatusPublished

Cited by1 cases

This text of 681 F.2d 1133 (Trinidad Sanchez-Escareno v. Immigration & Naturalization Service) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Trinidad Sanchez-Escareno v. Immigration & Naturalization Service, 681 F.2d 1133, 1982 U.S. App. LEXIS 17352 (9th Cir. 1982).

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Opinion

ORDER

Before TANG and PREGERSON, Circuit Judges, and KELLEHER, * District Judge.

Petitioner, Trinidad Sanchez-Escareno, appeals from the decision of the Bureau of Immigration Appeals (BIA) affirming a voluntary departure order.

Sanchez relies on an injunction issued in the class action case of Silva v. Bell, 76 C 4268 (N.D.Ill. Oct. 10, 1978) to support his argument that he should not be deported. Petitioner was a member of the class originally protected by the Silva injunction. Since the BIA decision in this case, the Silva injunction has been dissolved. See Silva v. Smith, No. 76 C 4268 (N.D.Ill. Dec. 18, 1981) (order dissolving injunction). Thus, Petitioner’s argument based on Silva is now moot. DeFunis v. Odegaard, 416 U.S. 312, 94 S.Ct. 1704, 40 L.Ed.2d 164 (1974).

Petitioner raises several constitutional objections to the INS deportation order. We find, however, that petitioner’s constitutional arguments are meritless.

The petition for review, as to the Silva issue, is dismissed as moot. Petitioner’s other arguments being without merit, the deportation order is affirmed.

IT IS SO ORDERED.

*

Honorable Robert J. Kelleher, United States District Judge for the Central District of California, sitting by designation.

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ORDER

Before TANG and PREGERSON, Circuit Judges, and KELLEHER, * District Judge.

Petitioner, Trinidad Sanchez-Escareno, appeals from the decision of the Bureau of Immigration Appeals (BIA) affirming a voluntary departure order.

Sanchez relies on an injunction issued in the class action case of Silva v. Bell, 76 C 4268 (N.D.Ill. Oct. 10, 1978) to support his argument that he should not be deported. Petitioner was a member of the class originally protected by the Silva injunction. Since the BIA decision in this case, the Silva injunction has been dissolved. See Silva v. Smith, No. 76 C 4268 (N.D.Ill. Dec. 18, 1981) (order dissolving injunction). Thus, Petitioner’s argument based on Silva is now moot. DeFunis v. Odegaard, 416 U.S. 312, 94 S.Ct. 1704, 40 L.Ed.2d 164 (1974).

Petitioner raises several constitutional objections to the INS deportation order. We find, however, that petitioner’s constitutional arguments are meritless.

The petition for review, as to the Silva issue, is dismissed as moot. Petitioner’s other arguments being without merit, the deportation order is affirmed.

IT IS SO ORDERED.

*

Honorable Robert J. Kelleher, United States District Judge for the Central District of California, sitting by designation.

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681 F.2d 1133, 1982 U.S. App. LEXIS 17352, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trinidad-sanchez-escareno-v-immigration-naturalization-service-ca9-1982.

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