E.F.L. v. Prim

Federal 7th Circuit Court
Civil Court
Immigration
Citation
Case Number: 
No. 20-1200
Decision Date: 
January 26, 2021
Federal District: 
N.D. Ill., Div.
Holding: 
Affirmed

Dist. Ct. did not err in dismissing for want of jurisdiction, petitioner’s (citizen of Mexico) habeas petition seeking to enjoin Department of Homeland Security (DHS) from removing her from U.S. while her Violence Against Women Act (VAWA) petition that would allow her to remain in U.S. was still pending. Instant habeas petition was moot, since petitioner’s VAWA petition has been granted. Fact that petitioner also seeks other forms of unresolved relief from removal did not require different result, since said relief was not included in habeas petition. Moreover, Dist. Ct. properly found that it lacked jurisdiction to entertain plaintiff’s habeas petition, since: (1) petitioner was subject to prior removal order; and (2) 8 USC section 1252(g) provides that no court has jurisdiction to entertain challenge to DHS decision to execute removal order, which petitioner essentially attempted to do here.