Boz v. U.S: 11th Circuit Rules IIRIRA Permanent Rules Do Not Preclude Habeas Challenge to Detention under Final Order

IMMIGRATION LAW & POLICY

Arrest and Detention

BOZ V. U.S: 11TH CIRCUIT RULES IIRIRA PERMANENT RULES DO NOT PRECLUDE HABEAS CHALLENGE TO DETENTION UNDER FINAL ORDER
Immigrants' Rights Update, Vol. 14, No. 7, Nov. 28, 2000

On appeal from a district court's denial of habeas relief, the U.S. Court of Appeals for the Eleventh Circuit has ruled that an immigrant detained pursuant to a final deportation order may seek release pursuant to the habeas statute, 28 U.S.C. section 2241, and that such relief is not barred by either the transitional or the permanent judicial review rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA).

Because the respondent's deportation order was final and his detention could not be challenged on judicial review of that order, the court distinguished its prior decision in Richardson v. Reno, 180 F.3d 1311 (11th Cir. 1999), cert. denied, 120 S.Ct. 1529 (2000). In Richardson, the court held that the IIRIRA permanent rules prevent an immigrant from judicially challenging detention before the conclusion of removal proceedings. The court has now found that habeas jurisdiction under section 2241 remains available to individuals who cannot challenge their detention on review of a final order. Because the district court had dismissed the habeas action and the record did not reveal the circumstances of the respondent's detention or whether the Immigration and Naturalization Service had conducted an administrative review of the case, the appeals court remanded the case for further proceedings.

Boz v. U.S., 228 F.3d 1290 (11th Cir. 2000).