Legal Opinion
Austin v. Immigration & Naturalization Service
District Court, E.D. New York
Decided March 10, 2004No. 03 CV 6089(NG)(RLM)PublishedCited by 1 opinion
1Opinion of the Court
ORDER
GERSHON, District Judge.
Petitioner brings this action seeking a declaration, pursuant to 8 U.S.C. § 1503, that he is a national of the United States. He claims that he is being barred from exercising his rights as a U.S. national in that the Bureau of Prisons’ classification of him as an alien made him ineligible for certain benefits. Respondents oppose petitioner’s motion on the following grounds: (1) petitioner’s release from the custody of the Bureau of Prisons has mooted the action; (2) the court, lacks subject matter jurisdiction to hear a challenge to removal proceedings because…
2Cases cited3 opinions
- Taniguchi v. SchultzCourt of Appeals for the Ninth Circuit · 2002
- Richard A. Paul v. Immigration and Naturalization ServiceCourt of Appeals for the Second Circuit · 2003
- Henriquez v. AshcroftDistrict Court, E.D. New York · 2003
3Cited by1 opinion
- Boyd v. Immigration and Customs EnforcementDistrict Court, E.D. New York · 2004