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  • Carlos D.A. Santos v. Immigration and Naturalization Service, 124 F.3d 64, 1st Cir. (1997)

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    The U.S. Court of Appeals for the First Circuit denied the INS's motion for reconsideration of its previous order dismissing the petitioner's petition for judicial review of a deportation order but leaving open the possibility of habeas corpus review in district court. The court rejected the INS's argument that constitutional and jurisdictional challenges must be raised through judicial review in the court of appeals rather than habeas review in district court, citing its previous ruling in Kolster v. INS that habeas review in district court is appropriate in these circumstances.

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    Filed: 1997-08-28 Precedential Status: Precedential Citations: 124 F.3d 64 Docket: 97-1428

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    The U.S. Court of Appeals for the First Circuit denied the INS's motion for reconsideration of its previous order dismissing the petitioner's petition for judicial review of a deportation order but leaving open the possibility of habeas corpus review in district court. The court rejected the INS's argument that constitutional and jurisdictional challenges must be raised through judicial review in the court of appeals rather than habeas review in district court, citing its previous ruling in Kolster v. INS that habeas review in district court is appropriate in these circumstances.

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    Carlos D.A. Santos v. Immigration and Naturalization Service, 124 F.3d 64, 1st Cir. (1997)

    Uploaded by

    Scribd Government Docs
    The U.S. Court of Appeals for the First Circuit denied the INS's motion for reconsideration of its previous order dismissing the petitioner's petition for judicial review of a deportation order but leaving open the possibility of habeas corpus review in district court. The court rejected the INS's argument that constitutional and jurisdictional challenges must be raised through judicial review in the court of appeals rather than habeas review in district court, citing its previous ruling in Kolster v. INS that habeas review in district court is appropriate in these circumstances.

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    of 1

    124 F.

    3d 64

    Carlos D.A. SANTOS, Petitioner,


    v.
    IMMIGRATION AND NATURALIZATION SERVICE,
    Respondent.
    No. 97-1428.

    United States Court of Appeals,


    First Circuit.
    Aug. 28, 1997.
    1

    Before TORRUELLA, C.J., STAHL and LYNCH, JJ.

    ORDER OF COURT
    2

    The INS contends that the appropriate court in which to raise a constitutional or
    jurisdictional challenge to a deportation order is the court of appeals in the
    context of a petition for judicial review, rather than the district court in the
    context of a habeas petition. Consequently, the INS has moved for
    reconsideration of our April 17, 1997 order, which dismissed petitioner's
    petition for judicial review for lack of jurisdiction, but left open the possibility
    that petitioner might be able to obtain some review through a habeas petition
    filed in the district. The INS's position is foreclosed by our decision in Kolster
    v. INS, 101 F.3d 785 (1st Cir.1996).

    The petition for rehearing is denied.

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