Abrego, et al v. Trominski, et al

* Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-41004
Summary Calendar
LINETTE GLADIS ABREGO; LUIS GERARDO ABREGO,
In his own right and name and as next friend
to is minor daughter, Linette,
Petitioners-Appellants,
versus
E.M. TROMINSKI, District Director, Immigration
and Naturalization Service; JANET RENO,
U.S. Attorney General; UNITED STATES OF AMERICA,
Respondents-Appellees.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-99-CV-1
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June 13, 2000
Before HIGGINBOTHAM, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
Luis Abrego and his daughter, Linette, appeal the district
court’s dismissal of their 28 U.S.C. § 2241 petition, which
challenged the denial of Luis Abrego’s request to be paroled into
the United States pending a resolution of his appeal of his
removal order. The Abregos argue that Luis Abrego was entitled
to a hearing on his request to be paroled into the country and

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No. 99-41004
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that the denial of his parole request constituted a due process
violation.
Without regard to whether the Illegal Immigration Reform and
Immigrant Responsibility Act (IIRIRA) applies and prohibits
habeas review of the Abregos’ claims or whether the Abregos were
in custody for purposes of having standing to file habeas
petition, we note that the decision not to parole Luis Abrego
into the country was within the Attorney General’s discretion.
See 8 U.S.C. § 1182(d)(5). Because it was a discretionary
decision, and given that Luis Abrego had already been deported
when he filed his parole request, the Abregos did not have a
procedural due process right to a hearing or a liberty interest
in Luis Abrego being paroled. See Gisbert v. U.S. Atty. Gen.,
988 F.2d 1437, 1442-43 (5th Cir. 1993). The district court’s
dismissal of the Abregos’ habeas petition is
AFFIRMED.

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