JAMA v. IMMIGRATION AND CUSTOMS
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT
No. 03-674.Argued October 12, 2004--Decided January 12, 2005
Title 8 U. S. C. §1231(b)(2) prescribes the procedure for selecting the country to which an alien ineligible to remain in the United States will be removed. Petitioner had his refugee status in the United States terminated for a criminal conviction. When he declined to designate a country to which he preferred to be removed, the Immigration Judge ordered him removed to Somalia, his country of birth, pursuant to §1231(b)(2)(E)(iv). Petitioner filed a habeas petition to challenge the designation, claiming that Somalia had no functioning government and thus could not consent in advance to his removal, and that the Government was barred from removing him there absent such advance consent. The District Court agreed, but the Eighth Circuit reversed, holding that §1231(b)(2)(E)(iv) does not require advance acceptance by the destination country.
Held: Section 1231(b)(2)(E)(iv) permits an alien to be removed to a country without the advance consent of that country's government. Pp. 2-17.