The opinion of the court was delivered by: Lechner, District Judge.
This is an action brought by petitioner, Anton Curri ("Curri"), a
detainee of the
Immigration and Naturalization Service (the "INS") in Elizabeth, New
Jersey, against respondents, Attorney General Janet Reno, INS
Commissioner Doris Meissner, INS District Director Andrea Quarantillo,
Officer in charge of the United States Immigration & Naturalization
Service Detention Center Lorelei Valverde, the INS, and the Department of
Justice (collectively, the "Respondents"). Presently pending is a
petition (the "Petition") of Curri for a writ of habeas corpus, pursuant
to 28 U.S.C. § 2241 ("Section 2241"), seeking parole from INS
For the reasons set, forth below, the Petition is dismissed for lack of
subject matter jurisdiction.
On or about 7 August 1999, Curri, a native and citizen of Albania,
arrived at John F. Kennedy International Airport ("JFK Airport") and
attempted to gain admission into the United States with a fraudulent
passport. See Petition at 1, Opp. Brief at 4. It appears Curri sought
admission into the United States under the visa waiver pilot program,
pursuant to 8 U.S.C. § 1187. The Petition alleges Curri "came to the
United States because of credible fear of persecution and because of
dangerous war time conditions." Petition at 1. Specifically, the
Petition alleges: "The credible fear of persecution was due to political
problems between the communist and democrats where his father and him
[sic] were democrats looking to advance social and political goals of the
people of Albania . . ." Id.
The Petition further alleges that in or about July 1999, Curri left
Albania without any travel documentation, much more a valid passport and
attempted to gain "refugee status" in a neighboring European country.
Id. at 2. The Petition, moreover, alleges Curri sought "refugee status"
in Italy and Belgium. Id. It appears, however, neither country would
grant Curri "refugee status.*fn2" Id. As a result, the Petition alleges
Curri "determined that the only place that he could seek refuge was the
United States which [he] believed was accepting refugees from both Kosovo
and Albania." Id.
The Petition further alleges that in preparation for the journey to the
United States, the parents of Curri purchased a fraudulent Slovenian
passport so Curri would have a "travel document."*fn3 See id. It appears
Curri used the fraudulent passport to travel from Belgium to Paris,
France where he proceeded to board a United States commercial airline
route to JFK Airport.*fn4 Id.
As mentioned, on or about 7 August 1999, Curri arrived at JFK Airport.
See id. at 2 & Opp. Brief at 4. It appears, upon the arrival of Curri at
JFK Airport, an immigration inspector determined Curri was in possession
of a fraudulent passport. See Opp. Brief at 4. Curri subsequently
indicated he desired to file political asylum in the United States and to
that end, he declared he was a native citizen of Albania. See Petition at
2 & Opp. Brief at 4. It appears Curri was detained by the INS upon the
determination by an INS officer that Curri did not have a valid
passport. See Opp. Brief at 4.
It appears that Curri, through an interpreter, indicated in a sworn
statement before an INS officer that he intended to reside in the
United States "forever," he left Albania because he did not have a
job, and that he obtained the fraudulent passport from an
individual named Mon Ejlli.
Q: How long do you plan to stay in the U.S.?
A: I would like to stay here forever.
Q: Why did you leave Albania to come to the U.S.?
A: I have problems, the economy is bad
I don't have a job. I was only able to live on my mother's
Q: What countries have you been to since you left Albania, and how
long did you stay in each one?
A: I went from Albania to Italy by boat I didn't stop in Italy,
then to France for a half a day then to U.S.A [sic] Guy named
Mon Ejlli helped me with everything.
Q: I show you Slovenian passport # AA907644 in the name of Kozek,
Toni is this your ...