Nakaranurack

In this case we are called upon to determine whether a district court properly dismissed for lack of subject matter jurisdiction a petition for writ of habeas corpus, filed by a resident alien seeking review of the denial of his request for discretionary relief from deportation. For the reasons which follow, we conclude that the district court had jurisdiction to entertain the petition. Accordingly, we reverse and remand for further proceedings.

FACTS AND PRIOR PROCEEDINGS

Saksit Nakaranurack (“Nakaranurack”) is a 32-year-old native of Thailand and has been a lawful permanent resident of the United States since 1969. Nakaranurack’s father is an American citizen; his mother and brother are lawful permanent residents of the United States.

In 1988, Nakaranurack was convicted in state court of drug trafficking and sentenced to twelve months of probation. Shortly after Nakaranurack had satisfactorily completed his term of probation, the United States Immigration and Naturalization Service (“INS”) issued an order to show cause why he should not be deported. Nakaranurack appeared at his 1990 deportation hearing with an accredited representative. Nakaranurack admitted his criminal…