[Download] "Cuomo v. Barr" by United States Court of Appeals for the Second Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Cuomo v. Barr
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 29, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
WINTER, Circuit Judge: Mario Cuomo, Governor of New York, and other state officials (collectively ""New York"") appeal from Judge Scullin's decision granting partial summary judgment to defendants-appellees, the United States Attorney General and officials of the Immigration and Naturalization Service (""INS""). New York's complaint charged INS with various violations of Section 242(a) of the Immigration and Nationality Act, 8 U.S.C. § 1252, and the Administrative Procedure Act, 5 U.S.C. § 706, and sought declaratory, injunctive, and mandamus relief. The parties cross-moved for summary judgment on all seven claims in the complaint. The district court awarded summary judgment to INS as to New York's claims based on 8 U.S.C. § 1252(a)(2)(A) that INS must take custody of aliens convicted of aggravated felonies on various ""release"" programs or on ""Conditional Parole for Deportation Only."" Cuomo v. Barr, 812 F. Supp. 324, 327-29 (N.D.N.Y. 1993). The district court denied the cross-motions on all other claims. New York now appeals from the grant of partial summary judgment. We dismiss for lack of appellate jurisdiction.