Ceballos de Leon v. Reno
| Decision Date | 29 June 1999 |
| Docket Number | No. Civ.A. 98-4890(AJL).,Civ.A. 98-4890(AJL). |
| Citation | 58 F.Supp.2d 463 |
| Parties | Rodolfo CEBALLOS de LEON, Plaintiff, v. Janet RENO, Defendant. |
| Court | U.S. District Court — District of New Jersey |
Robert Frank, Newark, New Jersey, for petitioner.
Faith Hochberg, United States Attorney, Daniel J. Gibbons, Assistant United States Attorney, Newark, New Jersey, for United States.
Janet Reno, Attorney General, Doris Meissner, Commissioner, Andreas Quarantino, District Director, United States Immigration and Naturalization Service, Newark, New Jersey, respondent.
This is an action brought by petitioner, Rodolfo Ceballos de Leon ("Ceballos"), a detainee of the Immigration and Naturalization Service (the "INS") in Newark, New Jersey, against respondents, Attorney General Janet Reno, INS Commissioner Doris Meissner, INS District Director Andreas Quarantino, the INS and the Department of Justice (collectively, the "Respondents"). Presently pending is the petition (the "Petition") of Ceballos for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 ("Section 2241"). Also pending is an application for a preliminary injunction (the "Preliminary Injunction Application") enjoining the deportation of Ceballos from the United States and seeking relief from a final order of deportation entered against Ceballos on 5 June 1997 (the "Final Order of Deportation").1
For the reasons which follow, the Preliminary Injunction Application is denied; the Petition is dismissed with prejudice.
Ceballos is a native and citizen of the Dominican Republic. See Petition at ¶ 3; Immigrant Visa and Alien Registration.2 Ceballos lawfully entered the United States in 1977, and has continuously resided as a permanent resident of the United States. See Petition at ¶¶ 3, 8.
On 27 May 1994, a New Jersey State Grand Jury indicted Ceballos in a three-count indictment (the "Indictment"). See Judgment of Conviction and Order of Commitment (the "Judgment of Conviction").3 The first two counts of the Indictment charged Ceballos with possession of a controlled dangerous substance with intent to distribute, in violation of N.J.S.A. 2C:35-10a(1) and 2C:35-5a(1). See id. The third count of the Indictment charged Ceballos with possession of a controlled substance with intent to distribute within 1,000 feet of school property, in violation of N.J.S.A. 2C:35-7. See id.
On 17 November 1994, Ceballos pleaded guilty to counts two and three of the Indictment. See id. He was convicted in the Superior Court of New Jersey, Law Division, Passaic County, on 27 January 1995. See id.; Petition at ¶ 9. On the same date, Ceballos was sentenced to a six year prison term, and a minimum parole ineligibility term of two years. See Judgment of Conviction.
The conviction rendered Ceballos deportable pursuant to § 241(a)(2)(B)(i) ("Section 241") of the Immigration and Nationality Act (the "INA"), 8 U.S.C. § 1227(a)(2)(B)(i) (formerly 8 U.S.C. § 1251).4
On 12 August 1996, the INS commenced deportation proceedings against Ceballos and ordered him to show cause why he should not be deported pursuant to Section 241 of the INA (the "12 August 1996 Order to Show Cause"). See Petition at ¶ 10; Answer at 1; 12 August 1996 Order to Show Cause.5 On 23 May 1997, Ceballos applied for waiver of deportation (the "212(c) Application") pursuant § 212(c) ("Section 212(c)") of the INA, 8 U.S.C. § 1182(c).6 See Answer at 1; Petition at ¶ 11.
In an oral decision, dated 5 June 1997, ("5 June 1997 Decision"), Immigration Judge Daniel Meissner (the "Immigration Judge") deemed Ceballos statutorily ineligible to apply for Section 212(c) relief and denied his 212(c) Application. See 5 June 1997 Decision.7 The Immigration Judge observed:
[Ceballos] is precluded from being granted a waiver under Section 212(c) in light of his aggravated felony conviction in spite of the very obvious and apparent equities of the fact that he is married, in the United States, and has two United States citizen daughters, and a United States citizen mother.... [U]nder the Immigration an Nationality Act, including amendments, I cannot consider [Ceballos'] equities and weigh them against the adverse factors of record. No matter how strong [his] equities might be.
It appears the Immigration Judge based his decision upon § 440(d) ("Section 440(d)") of the Anti-Terrorist and Effective Death Penalty Act of 1996, Pub.L. No. 104-32, 110 Stat. 1214 (24 April 1996) (the "AEDPA"). See id.; Petition at ¶ 12. Section 440(d) added the following language to Section 212(c):
[Section 212(c)] shall not apply to an alien who is deportable by reason of having committed any criminal offense covered in Section 241(a)(2)(A)(iii) [aggravated felony], (B) [controlled substance offenses], (C) [firearms offenses], or (D) [offenses against national security]. ...
Ceballos fell under Section 241(a), the Immigration Judge found Ceballos statutorily ineligible for a Section 212(c) waiver.
It is unclear from the record whether Ceballos was represented by counsel during the deportation proceedings before the Immigration Judge. It appears, however, Ceballos was represented by Harlan G. York, Esq., ("York") on appeal to the Board of Immigration Appeals (the "BIA") following the entry of the Final Order of Deportation on 5 June 1997. See 26 May 1998 BIA Decision (the "26 May 1998 BIA Decision").9
On 26 May 1998, the BIA affirmed the Final Order of Deportation and dismissed the appeal filed by York on behalf of Ceballos. See id. The BIA observed Ceballos was statutorily ineligible to apply for Section 212(c) relief by reason of having committed a criminal offense covered by Section 241(a)(2). See id. (citing AEDPA § 440(d); Matter of Soriano, Int.Dec. 3289 (A.G. 21 Feb. 1997)). The BIA also declined to address the constitutionality of the AEDPA and IIRIRA, as urged by Ceballos. See id.
Ceballos appealed the 26 May 1998 BIA Decision to the Third Circuit. The Respondents thereafter moved to dismiss the appeal for lack of jurisdiction. By order dated 16 July 1998, (the "16 July 1998 Order") the Circuit dismissed the appeal for lack of jurisdiction. See Rodolfo Ceballos de Leon v. INS, No. 98-6130 (3d Cir. 16 July 1998).10
Ceballos is presently subject to an Order of Supervision because the INS had insufficient detention space to care for Ceballos, who has suffered a brain injury.11 See Order of Supervision (the "Order of Supervision").12
The instant Petition alleges, inter alia:
14. Section 440(d) does not apply to Mr. Ceballos' case for two reasons. First, the Attorney General erred in holding that Sec[tion] 440(d) applies to aliens who were in immigration proceedings before the AEDPA's passage. The Attorney General's decision in Matter of Soriano conflicts with congressional intent and violates the longstanding presumption against retroactivity.
15. Moreover, even if Sec[tion] 440(d) applies retroactively, it must be invalidated on equal protection grounds. The courts have uniformly held that Congress may not preclude 212(c) relief for an alien inside the United States who is facing deportation (a "deportable" alien), while irrationally permitting the identically-situated alien to apply for such relief if he takes a brief trip abroad and is placed in exclusion proceedings upon seeking re-entry into the country (an "excludable" alien). Yet that is precisely the distinction AEDPA draws because Section 440(d) applies by its terms only to "deportable" aliens.
Petition at ¶¶ 14-15. Ceballos further argues habeas jurisdiction remains available to review his Petition, notwithstanding the enactment of Section 440(a) of the AEDPA ("Section 440(a)"). Id. at ¶¶ 16-17.
In support of the Preliminary Injunction Application, Ceballos argues:
26. Mr. Ceballos will be irreparably harmed if he is deported while this petition and complaint are pending before this court because he will have been denied all opportunity for judicial review and will be deported based on an administrative decision that is inconsistent with the INA and Constitution.
27. Mr. Ceballos will be irreparably harmed if the INS takes him into custody while a decision is made in this matter. He has been hospitalized since September 8, 1998. He has a brain injury that is detailed in a letter by his doctors. If he is incarcerated by the INS, he will be unable to receive medical treatment.
As a threshold matter, it must be determined whether subject matter jurisdiction exists over the Petition and Preliminary Injunction Application. Ceballos alleges he is entitled to review of the Final Order of Deportation as a matter of statutory and constitutional right. See Petition at ¶¶ 18-21.
The Petition observes that in Morel v. INS, 144 F.3d 248 (3d Cir.1998) ("Morel II"), the Circuit held that Section 440(a) of the AEDPA divested it of jurisdiction to review the direct appeal by an alien of a BIA decision which had affirmed a final order of deportation. Id. at 250; see Petition at ¶ 17.13 The Morel II court declined to address whether Section 440(a) also precluded Federal jurisdiction over habeas corpus petitions filed pursuant to Section 2241.14 It observed only that "[Section] 440(a) does not preclude Article III court review of claims of substantial Constitutional error." Morel II, 144 F.3d at 251 (citation omitted).
After Ceballos filed the Petition, however, the Circuit rendered its opinion in Sandoval v. Reno, 166 F.3d 225 (3d Cir.1999). In Sandoval, the Circuit concluded Federal jurisdiction remained available under Section 2241 to review habeas petitions seeking relief from final orders of deportation. See id. at 231-22. The Sandoval court reasoned that neither the AEDPA nor the IIRIRA contained a clear statement of Congressional intent to eliminate habeas jurisdiction. See id.15
Following Sandoval, this Circuit has stated:
We...
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