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01-2871 Chapinski, et al. v. Ziglar, et al.

By: dmc-admin//February 4, 2002//

01-2871 Chapinski, et al. v. Ziglar, et al.

By: dmc-admin//February 4, 2002//

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“Appellants claim that if the INS cannot promptly adjudicate their applications and change their status without removal proceedings, they are left without a remedy and, in effect, in ‘no man’s land’ until the INS or the Immigration Court decides to act. However, in the absence of a due process violation, the district court is only justified to intervene in an administrative process because of delays in hearings and review in extraordinary circumstances. Wright v. Califano, 587 F.2d 345, 352 (7th Cir. 1978). Appellants’ request for relief effectively amounts to judicial interference with the INS’s management and administration of NACARA’s amnesty program. This interference is unwarranted and expressly barred by the clear mandates of section 1252(g). An exception to this statutory preclusion is permitted only in rare cases that present substantial constitutional issues or bizarre miscarriages of justice. Bhatt, 204 F.3d at 747. Such is not the case here. Appellants are in no imminent danger of deportation from the United States or separation from their families. As we have previously stated, ‘since administrative efficiency is not a subject particularly suited for judicial evaluation, the courts should be reluctant to intervene in the administrative adjudication process, absent clear congressional guidelines or a threat to a constitutional interest.’ Wright, 587 F.2d at 353-54. The Attorney General and the INS have exclusive discretion over Appellants’ applications. Under the circumstances of the instant case, we are without jurisdiction to intervene.”

Affirmed.

Commissioner of the United

Appeal from the United States District Court for the Northern District of Illinois, Norgle, J., Bauer, J.

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