Trinidad Sanchez-Escareno v. Immigration & Naturalization Service , 681 F.2d 1133 ( 1982 )


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  • 681 F.2d 1133

    Trinidad SANCHEZ-ESCARENO, Petitioner,
    v.
    IMMIGRATION & NATURALIZATION SERVICE, Respondent.

    No. 79-7200.

    United States Court of Appeals,
    Ninth Circuit.

    July 19, 1982.

    Francisco J. Barba, San Francisco, Cal., for petitioner.

    1

    Chester J. Halicki, Washington, D. C., argued, for respondent; James P. Morris, Lauri Steven Filppu, Washington, D. C., on brief.

    ORDER

    2

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

    3

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

    4

    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).

    5

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

    6

    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.

    7

    IT IS SO ORDERED.

    *

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

Document Info

Docket Number: 79-7200

Citation Numbers: 681 F.2d 1133

Filed Date: 7/19/1982

Precedential Status: Precedential

Modified Date: 8/5/2023