There has been much sparring over aliens attempting to enter, but refused entry by U.S. Customs and Border Protection (CBP). Advocacy groups are up in arms and taking cases to Federal District Court to overturn admissions decisions by CBP Officers (CBPO). The Lying Press is engaging in what I call "shameless baby-waving," as if aliens had a right to enter. They also breathlessly trumpet that these aliens had visas, as if that had anything to do with the issue. Sometimes these groups intimidate CBP, sometimes not, into admitting the inadmissible alien.
As background, aliens applying for admission must first satisfy an immigration officer, in this case a CBPO at a Port-of-Entry (POE). Neither an Immigrant Visa (IV) nor a Non-Immigrant Visa (NIV) guarantee admission; these are only permits to apply for admission. Furthermore, a decision by an immigration officer to deny entry of an applicant is not reviewable by a Federal District Court, especially in the case of an Expedited Removal decision by an immigration officer. That means an alien may not file a request for relief in District Court.
‘‘(D) LIMIT ON COLLATERAL ATTACKS.—In any action brought against an alien under section 275(a) or section 276, the court shall not have jurisdiction to hear any claim attacking the validity of an order of removal entered under subparagraph (A)(i) or (B)(iii).
[Illegal Immigration Reform And Immigrant Responsibility Act Of 1996, undated, EPIC.org]
A misreading of the statute has allowed Federal Appeals Courts to review certain admissibility decisions, but Appeals Courts are not allowed to hear cases de novo, only on appeal.
In support of illegal aliens, the Lying Press is in campaign mode against admissions decisions by CBP as again, another alien attempting to enter on a student visa (F-1). And this time they enraged that CBP is ignoring illegal orders from District Court Judges.
An Iranian student who planned to attend Northeastern University but was flown out of the United States Monday night on the order of immigration officials is the latest in a growing number of students from Iran who have recently been denied entry at Logan Airport, according to lawyers and Boston-area colleges.
[Northeastern Student From Iran Removed From US Is Just The Latest Sent Away At Logan, by Deirdre Fernandes, Boston Globe, January 21, 2020]
Despite a statute prohibiting judicial review of admissions decisions, Kritarch Allison Burroughs interfered with a determination by CBP, ordering CBP not to remove Iranian citizen Dehghani Abadi.
Dehghani Hossein Abadi’s lawyers filed an emergency petition to block his removal Monday night, and Judge Allison D. Burroughs ordered a 48-hour stay.
But before a hearing took place, Dehghani Hossein Abadi was flown to France — in defiance of the judge’s order.
It appears that Kritarch Burroughs knows though that she is on shaky ground though, she will not make any attempt to bring back Abadi.
“There seems to be some history of CBP ignoring district court orders, which should concern the court,” Doyle said during the hearing. She asked that Dehghani Hossein Abadi be returned to the United States, but the judge said there was little he could do to compel immigration officials now that the student was gone.
I don’t think they’re going to listen to me,” Stearns said.
Eventually, though, we get to the crux of the matter—Abadi was intending to stay in the United States after his studies ended.
Customs and Border Protection have wide latitude at ports of entry, such as airports, and there are many reasons a non-US citizen can be denied entry, according to immigration experts. In Dehghani Hossein Abadi’s case, customs officials indicated to his lawyers that he had been blocked because he intended to overstay his student visa.
Customs and Border Protection officials said on Tuesday that he was a candidate for expedited removal and ordered him on the Air France flight out of Logan.
We also have confirmation that Abadi was deported under Expedited Removal, which is not subject to judicial review. Abadi was an intended immigrant and excluded as such under 212(a)(7)(A)(i)(I) of the Immigration and Nationality Act. As a note, students are the group of aliens most likely to overstay their period of admission. And Kritarch Burroughs was acting illegally.
The category with the highest overstay rate is student and exchange visitors (F, M, and J visas). This category has twice the overstay rate of most other categories.
[Analyzing the New Visa Overstay Report, by Jessica Vaughn, Center For Immigration Studies, September 6, 2018]
CBP acted lawfully in removing Abadi and in ignoring an order from Kritarch Burroughs. I hope that CBP stands by their decision this time.