Trinidad Sanchez-Escareno v. Immigration & Naturalization Service , 681 F.2d 1133 ( 1982 )

681 F.2d 1133

Trinidad SANCHEZ-ESCARENO, Petitioner,
v.
IMMIGRATION & NATURALIZATION SERVICE, Respondent.

No. 79-7200.

United States Court of Appeals,
Ninth Circuit.

July 19, 1982.

Francisco J. Barba, San Francisco, Cal., for petitioner.

1

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

ORDER

2

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

3

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

4

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).

5

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

6

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.

7

IT IS SO ORDERED.

*

Honorable Robert J. Kelleher, United States District Judge for the Central District of California, sitting by designation