681 F. 2d 1133 - Sanchez-Escareno v. Immigration & Naturalization Service

Chester J. Halicki, Washington, D. C., argued, for respondent; James P. Morris, Lauri Steven Filppu, Washington, D. C., on brief.

Before TANG and PREGERSON, Circuit Judges, and KELLEHER,* District Judge.

Petitioner, Trinidad Sanchez-Escareno, appeals from the decision of the Bureau of Immigration Appeals (BIA) affirming a voluntary departure order.

Sanchez relies on an injunction issued in the class action case of Silva v. Bell, 76 C 4268 (N.D.Ill. Oct. 10, 1978) to support his argument that he should not be deported. Petitioner was a member of the class originally protected by the Silva injunction. Since the BIA decision in this case, the Silva injunction has been dissolved. See Silva v. Smith, No. 76 C 4268 (N.D.Ill. Dec. 18, 1981) (order dissolving injunction). Thus, Petitioner's argument based on Silva is now moot. DeFunis v. Odegaard, 416 U.S. 312, 94 S.Ct. 1704, 40 L.Ed.2d 164 (1974).

Petitioner raises several constitutional objections to the INS deportation order. We find, however, that petitioner's constitutional arguments are meritless.

The petition for review, as to the Silva issue, is dismissed as moot. Petitioner's other arguments being without merit, the deportation order is affirmed.

IT IS SO ORDERED.