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8th Circuit Holds Deportation To Country Without Government Is Possible

Thursday, March 27, 2003

In Jama v. INS, No. 02-2324 (8th Cir. May 27, 2003), the court said that Petitioner's challenge of the Attorney General's legal conclusion that 8 USC 1231(b)(2)(E)(iv) authorized the INS to remove Petitioner to Somalia without first establishing that Somalia will accept his return was outside the scope of the jurisdiction-stripping provision of 1252(g). The court noted that "between countries, it is not uncommon behavior to attempt to accomplish a task by asking politely first, and then to act anyway if the request is refused."
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