Saiyad Abdul Mutalib Hussein v. Immigration and Naturalization Service
Saiyad Abdul Mutalib HUSSEIN, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent
Opinion of the Court
ORDER
The order filed October 28,1986, 804 F.2d 146 , is redesignated as a per curiam opinion for publication.
The Immigration and Naturalization Service has moved to dismiss the petition for review because of petitioner’s escape from custody at Florence, Arizona on September 14, 1986. The motion is allowed. Escape from federal custody is inconsistent with the pursuit of judicial remedies and constitutes a voluntary waiver of any pending judicial review. The petitioner’s act “ ‘dis-entitles [Hussein from] callpng] upon the resources of [this] court for determination of his claims,’....” Arana v. INS, 673 F.2d 75, 77 (3rd Cir.1982) (per curiam) (quoting Molinaro v. New Jersey, 396 U.S. 365, 366 , 90 S.Ct. 498, 499 , 24 L.Ed.2d 586 (1970) (per curiam).
Petition dismissed.
Concurrence
NORRIS, Circuit Judge,
concurring:
I agree with the result reached in this case. We have exercised our discretionary authority to dismiss an appeal because the petitioner has escaped from custody. I write separately merely to make it clear that there is no per se requirement of dismissal in such cases.
Combined text as published — syllabus, headnotes and all opinions in one document
817 F.2d 63
Saiyad Abdul Mutalib HUSSEIN, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent.
No. 85-7453.
United States Court of Appeals, Ninth Circuit.
Decided Oct. 28, 1986. Order and Opinion Filed May 6, 1987.
Martin J. Lawler, San Francisco, Cal., for petitioner.
David J. Kline, Washington, D.C., for respondent.
Petition for Review of a Decision of the Board of Immigration Appeals.
Before GOODWIN, NORRIS and BRUNETTI, Circuit Judges.
ORDER 1
The order filed October 28, 1986, 804 F.2d 146 , is redesignated as a per curiam opinion for publication.
2
The Immigration and Naturalization Service has moved to dismiss the petition for review because of petitioner's escape from custody at Florence, Arizona on September 14, 1986. The motion is allowed. Escape from federal custody is inconsistent with the pursuit of judicial remedies and constitutes a voluntary waiver of any pending judicial review. The petitioner's act " 'disentitles [Hussein from] call[ing] upon the resources of [this] court for determination of his claims,'...." Arana v. INS, 673 F.2d 75, 77 (3rd Cir.1982) (per curiam) (quoting Molinaro v. New Jersey, 396 U.S. 365, 366 , 90 S.Ct. 498, 499 , 24 L.Ed.2d 586 (1970) (per curiam).
3
Petition dismissed.
NORRIS, Circuit Judge, concurring:
4
I agree with the result reached in this case. We have exercised our discretionary authority to dismiss an appeal because the petitioner has escaped from custody. I write separately merely to make it clear that there is no per se requirement of dismissal in such cases.
How later courts describe this case
Explanatory parentheticals written by citing courts — 3 in all; the most informative distinct ones are shown.
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(petitioner had escaped from federal immi- gration detention facility and was at large)
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(disentitlement doctrine applies when petitioner escaped from federal custody)
Cited by 24 cases
View all citing references →Relies on it most ⓘ
- Arrozal v. Immigration & Naturalization Service
- Cordell v. Tilton
- 98 Cal. Daily Op. Serv. 7998, 98 Daily Journal D.A.R. 11,121 Remedios Canlas Arrozal, A.K.A., Remedios Arrozal Yehdego v. Immigration and Naturalization Service
- United States v. Van Cauwenberghe
- United States v. Eric Michael Wright
- United States v. Wilfried Van Cauwenberghe, Williams & Connolly, Real-Party-In-Interest-
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.