DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
022324P.pdf 05/27/2003 Keyse G. Jama v. INS
U.S. Court of Appeals Case No: 02-2324
District of Minnesota
Civil Case - habeas corpus immigration. District court's grant
of habeas relief to alien is reversed. Court has jurisdiction to
hear challenge to Attorney General's statutory construction of
8 U.S.C. sec. 1231(b)(2)(E)(iv), allowing INS to remove alien to
country of birth, because it is a pure question of law. Plain meaning
of statute does not require agency to obtain a destination country's
acceptance when alien is returned to his country of birth.
Acceptance requirement does not apply to clause (i) through
(vi) of section 1231(b)(2)(E). Dissent by Judge Bye.