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PRARI v. INS

May 19, 1994

MICHAEL PRARI, Plaintiff,
v.
IMMIGRATION AND NATURALIZATION SERVICE, Defendant.


GRIESA


The opinion of the court was delivered by: THOMAS P. GRIESA

Petitioner, Michael Prari, filed this petition for a writ of habeas corpus on July 27, 1992. Prari alleges that the Immigration and Naturalization Service has detained him pending deportation for more than six months in violation of 8 U.S.C. § 1252(c). The INS has answered and denied that there has been any violation of Prari's rights.

 Certain events relevant to this petition occurred subsequent to the date of its filing. Taking into account all the circumstances, the court finds that the length of Prari's detention and the delay in his deportation resulted from his own obstructive behavior. The petition is therefore dismissed.

 FACTS

 Prari entered the United States in July 1987 on a student visa. Although he alleges that he attended Bronx County Community College for a year and a half, the college has no record of his attendance.

 In September 1991 he was arrested and charged in the state court with grand larceny, possession of stolen property, unauthorized use of a vehicle and criminal mischief. Prari entered a guilty plea to one count of third-degree criminal possession of stolen property and was sentenced to six months imprisonment at Rikers Island.

 On November 13, 1991 the INS interviewed Prari at Rikers Island. Prari stated that he was born in Jamaica on March 27, 1961 to parents of French citizenship. He refused, however, to sign an affidavit containing those statements. The INS subsequently determined that Prari was eligible for deportation.

 A deportation hearing was conducted on January 24, 1992, in which Prari conceded that he was deportable for his failure to maintain his student visa status. Prari also claimed at the hearing that he was born in France, not Jamaica, as originally stated. At the conclusion of the hearing, the Immigration Judge ruled that Prari was deportable to either France, or in the event France declined to admit him, Jamaica. Prari waived his right to appeal and the deportation order became final. Prari was taken into INS custody on January 27, 1992.

 Prari was unable or unwilling to provide the INS with documentary proof of his identity or nationality. On January 27, 1992 the INS requested information from the French Consulate in New York City.

 On April 13, 1992 the INS communicated with the Jamaican Consulate to determine whether Jamaica would admit Prari, and took Prari to the Consulate for an interview.

 Prari refused to answer the Jamaican Consul's questions, except that he claimed that he was not born in Jamaica. Prari became disorderly and the Consul terminated the interview. It was necessary to remove Prari by force.

 On July 27, 1992, exactly six months from the date the INS took him into custody, Prari filed this habeas corpus petition, relying on 8 U.S.C. § 1252(c), which provides that, after a final order of deportation is made against an alien, "the Attorney General shall have a period of six months from the date of such order . . . within which to effect the alien's departure."

 On October 8, 1992 the French authorities notified the INS that France would not admit Prari, on the ground that he was not a French citizen.

 On June 9, 1993 the Jamaican Consulate notified the INS that Prari was determined not to ...


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