Opinions of the United 2003 Decisions States Court of Appeals for the Third Circuit

10-16-2003

Williams v. Dist Dir INS Precedential or Non-Precedential: Non-Precedential

Docket No. 02-2443

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Recommended Citation "Williams v. Dist Dir INS" (2003). 2003 Decisions. Paper 204. http://digitalcommons.law.villanova.edu/thirdcircuit_2003/204

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02-2443 ____________

WORGOR WILLIAMS,

Appellant

v.

ANDREA J. QUARANTILLO, DISTRICT DIRECTOR FOR INS

____________________

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY ____________________

(D.C. Civ. No. 02-cv-00119) District Judge: The Honorable Katharine S. Hayden

Argued: June 16, 2003

Before: ALITO, ROTH, and HALL,* Circuit Judges

(Filed: September 26, 2003)

____________________

OPINION ____________________

* Sitting by designation: Cynthia H. Hall, Circuit Judge, U.S.C.A., Ninth Circuit. *Maria Torres, Esq. (Argued)

Zachary Margulis-Ohnuma (Argued) Hafetz & Necheles 500 Fifth Avenue 29 th Floor New York, New York 10110

Counsel for Appellant

Michael P. Lindeman (Argued) Assistant Director Christopher C. Fuller Senior Litigation Counsel Office of Immigration Litigation Civil Division U.S. Department of Justice P.O. Box 878, Ben Franklin Section Washington, DC 20044

Counsel for Appellee

PER CURIAM:

This is an appeal from a District Court order denying a petition for a writ of habeas

corpus under

. The petitioner, Worgor Williams, a native and citizen of

Ghana, arrived in the United States as stowaway and asserts rights under Article III of the

United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading

Treatment or Punishment, 1465 U.N.T.S. 85, G.A.Res. 39/46, 39th Sess., U.N.G.A.O.R.

Supp. No. 51 at 197, U.N. Doc. A./39/51 (1984). Because we write for the benefit of the

parties, the background of the case is not set out.

1. Although the government contends that the District Court lacks jurisdiction to

2 entertain the habeas petition, our Court’s recent decision in Ogbudimkpa v. Ashcroft,

, (3d Cir., Aug. 22, 2003), forecloses that argument.

2. The petitioner contends that he had a constitutional right to due process in the

administrative proceedings and that this right was violated. The respondent argues,

however, that “[a]s an unadmitted alien in immigration proceedings, [Williams had] no

protection from the Constitution . . . .” Respondent’s Br. at 26. Assuming for the sake of

argument that the petitioner had due process rights in the administrative proceedings, we

hold, for essentially the reasons set out in the opinion of the District Court that “all due

process requirements were met.” Dist. Op. at 10. In Chong v. District Director, INS,

(3d Cir. 2001), which concerned removal proceedings against a permanent

resident alien, we stated that due process required that the alien “(1) be entitled to fact

finding based on a record produced before the board and disclosed to her; (2) be allowed

to make arguments on her own behalf; and (3) have the right to an individualized

determination of her interests.” See also Abdulai v. Ashcroft,

(3d Cir.

2001). In this case, the petitioner was given all of those rights. We have considered all of

the petitioner’s arguments, but assuming arguendo that the petitioner possessed due

process rights, all of those rights were observed.

3. We have considered all of the petitioner’s remaining arguments, and find no

ground for reversing the decision of the District Court. We note that both the

Immigration Judge and the Board of Immigration appeals found that the petitioner had

3 not satisfied his burden of showing that he is likely to be tortured if returned to Ghana and

that the District Court found that this conclusion was supported by substantial evidence.

See J.A. 20-21, 100, 103-111.

For the reasons set out above, the order of the District Court denying the petition

for a writ of habeas corpus is affirmed.

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