Jose Jacques Medina v. Leonel Castillo, Commissioner, Immigration and Naturalization Service, Department of Justice

Jose Jacques Medina (Medina) appeals the District Court’s dismissal of an uncertified class action challenging procedures used by the Immigration and Naturalization Service (INS), acting through its District Director, in considering applications for asylum. Its dismissal for failure to exhaust administrative remedies was based upon the unilateral decision of the INS to reconsider the asylum application of Medina, the named plaintiff. We believe that the Court’s decision to require exhaustion of the reconsideration was proper, but that the District Court should have stayed the proceedings rather than dismiss the action. Accordingly, we vacate and remand the cause. Our jurisdiction lies under 28 U.S.C. § 1291 .

On August 5, 1976, Medina submitted an application for asylum to the INS pursuant to 8 C.F.R. § 108 . He gave his sworn statement before an Immigration Examiner and submitted documents. At his request, he was subsequently permitted to submit depositions and sworn statements of others, as well as additional documents, but was not allowed to present testimony.

Under 8 C.F.R. § 108.2 , the INS is to seek the recommendation of the State Department on any asylum applications…