TRINIDAD SANCHEZ-ESCARENO, PETITIONER,
v.
IMMIGRATION & NATURALIZATION SERVICE, RESPONDENT
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The court held that the petitioner's argument based on the Silva injunction is moot because the injunction has been dissolved, and his other constitutional arguments are meritless.
Petitioner appealed a voluntary departure order, relying on an injunction from a class action case. The Silva injunction, which petitioner was a membe…
The full statement of facts, procedural history, and disposition for this case are member content.
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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.