Opinion · Court of Appeals for the Ninth Circuit
Saiyad Abdul Mutalib Hussein v. Immigration and Naturalization Service
Saiyad Abdul Mutalib Hussein v. Immigration & Naturalization Serv., 817 F.2d 63 (9th Cir. 1987)
- Type
- Opinion
- Court
- Court of Appeals for the Ninth Circuit
- Jurisdiction
- Federal
- Date
- 1987-05-06
- Topic
- general
How later courts describe this case
- petitioner had escaped from federal immigration detention facility and was at large
- disentitlement doctrine applies when petitioner escaped from federal custody
Citator
UpLaw has not yet analyzed Saiyad Abdul Mutalib Hussein v. Immigration and Naturalization Service. The absence of a flag is not a finding that it is good law.
- Cited by
- 27 opinions
HUSSEIN, v. IMMIG. AND NATURALIZATION SERVICE,817 F.2d 63(9th Cir. 1986)
SAIYAD ABDUL MUTALIB HUSSEIN, PETITIONER, v. IMMIGRATION AND NATURALIZATION
SERVICE, RESPONDENT.
No. 85-7453.
United States Court of Appeals, Ninth Circuit.
Decided October 28, 1986.
Order and Opinion Filed May 6, 1987.
David J. Kline, Washington, D.C., for respondent.
Before GOODWIN, NORRIS and BRUNETTI, Circuit Judges.
[1]ORDER
[2] The order filed October 28, 1986, 804 F.2d 146, is redesignated as a per curiam opinion for publication.
[3] 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) (quotingMolinaro v. New Jersey,396 U.S. 365, 366, 90 S.Ct. 498, 499, 24 L.Ed.2d 586 (1970) (per curiam).
[4] Petition dismissed.