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CURRI v. RENO

February 23, 2000

ANTON CURRI, PETITIONER,
V.
JANET RENO, ET AL., RESPONDENT. 2000



The opinion of the court was delivered by: Lechner, District Judge.

OPINION

For the reasons set, forth below, the Petition is dismissed for lack of subject matter jurisdiction.

Background

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 carrier in 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 pension.
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 ...

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