Saba
Saba v. Immigration & Naturalization Service
Opinion
Opinion
Larson, J.
ORDER GRANTING PETITION FOR WRIT OF HABEAS CORPUS ■
INTRODUCTION
Perfecto Saba, his brother Samson, and their sisters Anita and Mariam (“Petitioners”) filed a petition for a writ, of habeas corpus and an application for stay .of deportation. All parties consented in writing to the jurisdiction of the magistrate judge to whom the case was assigned. The matter was heard by this court on November 18, 1998. William Gardner appeared on behalf of Petitioners. Robert Yeargin, Special Assistant United States Attorney, appeared on'behalf of Respondent.
After considering the briefing and arguments of counsel and the record in this case,
IT IS HEREBY ORDERED that this court vacates the order of deportation and remands this case to the immigration court to re-open proceedings and to evaluate Petitioners’ eligibility for adjustment of status.
FACTUAL AND PROCEDURAL BACKGROUND
The Saba family has had an eventful journey on the road to a better life. The mother and father, Anh-Tuyet and Prota-cio, fled Vietnam with their oldest child, Regina, and emigrated to the Philippines, where two more children, Anita and Per-fecto, were born. Presumably in search of work, the family ventured to Saudi…