United States v. Viken Yacoubian

Opinion by Judge FERNANDEZ.

At the request of Viken Yacoubian the district court found that because the Immigration & Naturalization Service instituted deportation proceedings against Yacoubian, it was in violation of the court’s 1989 Judicial Recommendation Against Deportation (“JRAD”) issued pursuant to 8 U.S.C. § 1251 (b) (1988). As a consequence, the court permanently enjoined the INS from initiating deportation proceedings against Yacoubian on the basis of his convictions under 18 U.S.C. §§ 371 , 844(d) and 26 U.S.C. § 5861 (d). The United States appealed. We determine that the district court misconstrued the scope, reach and effect of its JRAD order, so we reverse.

BACKGROUND FACTS

Yacoubian was born in Beirut, Lebanon on November 9, 1962 and entered the United States on August 28, 1976 with his mother and brother. On November 3, 1982, Yacou-bian, along with four co-defendants, was indicted and charged with violations of 18 U.S.C. § 371 (conspiracy to transport explosives for the purpose of injuring or intimidating a person or destroying property and conspiracy to knowingly or intentionally damage or destroy property by means of an explosive), 18 U.S.C. § 844 (d)…