Rutledge v. Esperdy

FREDERICK van PELT BRYAN, District Judge.

Respondent, the New York District Director of the United States Immigration and Naturalization Service, moves for summary judgment pursuant to Rule 56, F.R.Civ.P. 28 U.S.C., in this suit brought by petitioner Rutledge, a citizen of the British Virgin Islands, to enjoin her deportation.

The sole issue before me is whether the denial by the Special Inquiry Officer of petitioner’s motions to reopen the deportation hearing, and the dismissal by the Board of Immigration Appeals of the appeal from that decision were erroneous as a matter of law.

Petitioner…