The opinion of the court was delivered by: GOETTEL
The petitioners are being held in detention by the respondent pursuant to section 235(b) of the Immigration and Naturalization Act of 1952, as amended, 8 U.S.C. § 1225(b) (1982) (the "Act"). All have applied for parole pending exclusion proceedings and adjudication of their applications for political asylum. The respondent has denied their requests for parole and the petitioners now seek review of that decision by writ of habeas corpus pursuant to 28 U.S.C. §§ 2242 & 2243 (1982).
Although all three petitioners request the same relief, the facts underlying their situations differ.
A. Hadi Bedredin and Samira Bekit
Petitioners Hadi Bedredin and Samira Bekit are, respectively, husband and wife. They are natives of Ethiopia who were refugees in Sudan. On September 19, 1985, they attempted to enter the United States with fraudulent travel documents
and without valid immigrant visas. They were detained by the Immigration and Naturalization Service ("INS") pursuant to section 235(b) of the Act.
On September 20, 1985, their attorney wrote to the INS requesting parole for Bedredin and Bekit, noting that they were applying for political asylum. By letter dated October 2, 1985, Benjamin Perlitsch, Deputy Assistant Director of INS in New York, denied parole stating,
The [petitioners] arrived in the United States on September 19, 1985 and presented altered travel documents. In view of the extraordinary means by which these aliens sought entry into this country and that there are no emergent reasons nor would it be in the public interest to parole them, your request is denied.
Respondent's Return and Declaration, Exhibit E.
Bedredin and Bekit challenge this decision. They claim that the respondent's denial of their request for parole will unlawfully subject them to an extended period of incarceration pending determination of their admissibility into the United States. They state that even if they are ordered excluded, they cannot be returned to the country from which they came and would thus be incarcerated indefinitely, in violation of their constitutional rights. Petitioner Bekit has recently added the claim that she is pregnant and that, under the applicable parole guidelines, she should be paroled.
Petitioner Kabakoulak is a native of Syria who lived most of her life in Lebanon. On September 13, 1985, she arrived in the United States with her mother and younger sister. All three were denied admission into the country because they were attempting to enter with invalid immigrant visas.
Kabakoulak's sister is a minor and was paroled pending exclusion hearings. See 8 C.F.R. § 212.5(a)(2)(ii) (1985). There being no adult relative not in detention to supervise the paroled minor child,
Kabakoulak's mother was paroled to accompany the young girl. See 8 C.F.R. § 212.5(a)(2)(ii)(B) (1985). Kababoulak, however, was held in detention.
Kabakoulak was afforded an exclusion hearing at which she was represented by counsel. At that time, she made no request for political asylum, and, on October 4, 1985, the immigration court issued a final order of exclusion and deportation. On October 25, 1985, Kabakoulak, represented by different counsel, moved to reopen her exclusion proceeding based upon her application for political asylum dated October 23, 1985. Counsel also asked that she be paroled. On November 1, 1985, Deputy Assistant Director Perlitsch, acting for the respondent, denied Kabakoulak's parole request because she had attempted to enter the country using altered travel documents and because she was then under a final order of exclusion. Respondent's Return and Declaration, Exhibit T. On November 14, 1985, Immigration Judge Francis J. Lyons granted Kabakoulak's motion to reopen her exclusion proceedings in order to consider her belated application for political asylum.
Kabakoulak has renewed her request for parole but the respondent has declined to parole her at this time. Kabakoulak challenges that decision and claims entitlement to parole because of ill health and the fact that her father, an alien admitted to the United States on a visitor's visa, has applied for permanent resident alien status and political asylum and has included his entire family in his petition. She also contends that, if excluded, she cannot be returned to her native country and will thus be subjected to incarceration for an indeterminate time in violation of her constitutional rights.
As discussed below, the broad discretion granted to the respondent and the limited scope of judicial review of parole decisions mandate the dismissal of the instant petition as to all three petitioners.
A. Detention and Parole Standards
Section 235(b) of the Act provides that every alien seeking entry into the United States who does not appear to be clearly and beyond a doubt entitled to be admitted shall be detained pending an exclusion hearing. 8 U.S.C. § 1225(b) (1982). Pursuant to 8 C.F.R. § 235.3(b) (1985), any alien who arrives with ...