Saiyad Abdul Mutalib Hussein v. Immigration and Naturalization Service
Cases that cite this one
24 later published cases cite this decision. The 22 that cite it most often are listed here.
- Arrozal v. Immigration & Naturalization Service (9th Cir. 1998)
- Cordell v. Tilton (United States District Court for the Southern District of California 2007)
- Giancarlo PARRETTI, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee (9th Cir. 1998)
- Giancarlo PARRETTI, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee (9th Cir. 1997)
- Giancarlo Parretti v. United States (9th Cir. 1997)
- United States v. Van Cauwenberghe (9th Cir. 1991)
- United States v. Eric Michael Wright (3d Cir. 1990)
- State of Tennessee v. Allen Kelley (Tenn. Ct. App. 2012)
- Wenqin Sun v. Mukasey (9th Cir. 2009)
- Sun v. Holder (9th Cir. 2009)
- Searle v. Juvenile Court for Williamson County (Tenn. 2006)
- Kacaj v. Gonzales (6th Cir. 2006)
- Pasqual Antonio-Martinez v. Immigration and Naturalization Service (9th Cir. 2003)
- Saba v. Immigration & Naturalization Service (United States District Court for the Northern District of California 1999)
- Herta Wittgenstein, Also Known as Herta Hilscher, Also Known as Herta Spitzweiser v. Immigration & Naturalization Service (10th Cir. 1997)
- Kwadwo Ofosu v. Edward McElroy Acting District Director of the New York District of the Immigration and Naturalization Service (2d Cir. 1996)
- United States v. Real Property Located at Incline Village, Brian J. Degen and Karyn Degen, Claimants-Appellants (9th Cir. 1995)
- United States v. Dennis Eugene Hearron (9th Cir. 1994)
- Antonio Esposito v. Immigration and Naturalization Service (2d Cir. 1993)
- Yoram Bar-Levy v. United States Department of Justice, Immigration and Naturalization Service (2d Cir. 1993)
- Dennis Ralph Katz v. United States (9th Cir. 1990)
- United States v. Alphonse Persico (2d Cir. 1988)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
817 F.2d 63
Saiyad Abdul Mutalib HUSSEIN, Petitioner,
v.
IMMIGRATION AND NATURALIZATION SERVICE, Respondent.
No. 85-7453.
United States Court of Appeals,
Ninth Circuit.
Decided Oct. 28, 1986.
Order and Opinion Filed May 6, 1987.
Martin J. Lawler, San Francisco, Cal., for petitioner.
David J. Kline, Washington, D.C., for respondent.
Petition for Review of a Decision of the Board of Immigration Appeals.
Before GOODWIN, NORRIS and BRUNETTI, Circuit Judges.
ORDER
The order filed October 28, 1986, 804 F.2d 146, is redesignated as a per curiam opinion for publication.
The Immigration and Naturalization Service has moved to dismiss the petition for review because of petitioner's escape from custody at Florence, Arizona on September 14, 1986. The motion is allowed. Escape from federal custody is inconsistent with the pursuit of judicial remedies and constitutes a voluntary waiver of any pending judicial review. The petitioner's act " 'disentitles [Hussein from] call[ing] upon the resources of [this] court for determination of his claims,'...." Arana v. INS, 673 F.2d 75, 77 (3rd Cir. 1982) (per curiam) (quoting Molinaro v. New Jersey, 396 U.S. 365, 366, 90 S.Ct. 498, 499, 24 L.Ed.2d 586 (1970) (per curiam).
Petition dismissed.
NORRIS, Circuit Judge, concurring:
I agree with the result reached in this case. We have exercised our discretionary authority to dismiss an appeal because the petitioner has escaped from custody. I write separately merely to make it clear that there is no per se requirement of dismissal in such cases.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.