Bacilio-Sabastian v. Barr, No. 19-50168 (5th Cir. 2020)Annotate this Case
Petitioners appealed the dismissal of their petitions for habeas corpus. Petitioners claimed that their due process rights had been violated by failure to honor the parole notice, that federal statutes and regulations created a right to parole based on the parole notices they had received, that the parole notices should be honored under customary international law, and that a legitimate expectation of parole had been created. Within two weeks after the petition was filed, ICE released petitioners from custody but not on parole. The district court determined that petitioners' release from detention rendered the habeas petition moot, and ordered that the government provide petitioners or their attorneys with written notice that their parole had been terminated. The district court subsequently dismissed the habeas petition.
The Fifth Circuit affirmed the district court's dismissal and rejected petitioners' argument that their inability to seek work authorization is a collateral consequence that should allow them to maintain their petition. The court was not convinced that aliens who are released from ICE custody can maintain a habeas petition by showing collateral consequences. Furthermore, even if they could demonstrate collateral consequences, they have not done so here because any work authorization is subject to USCIS discretion.