No. 18-5423

Seungjin Kim v. United States Customs and Border Protection

Lower Court: District of Columbia
Docketed: 2018-08-02
Status: Denied
Type: IFP
Response WaivedIFP
Tags: asylum asylum-seekers border-entry constitutional-law criminal-activity detention detention-conditions due-process equal-protection immigration-detention immigration-law presidential-authority presidential-powers visa-restrictions
Key Terms:
DueProcess FirstAmendment Immigration Copyright
Latest Conference: 2018-09-24
Question Presented (AI Summary)

Whether inadmissible asylum-seekers who are victims of qualifying criminal activity involving U.S. citizens can be lawfully detained or denied entry under 8 U.S.C. §1225(b), 8 U.S.C. §1158, and the Equal Protection Doctrine

Question Presented (OCR Extract)

QUESTIONS PRESENTED Under 8 U.S.C. §1225(b), inadmissible aliens who arrive at U.S. National borders must be detained, and the alien must be given a bond hearing every six months. Jennings v. Rodriguez, 583 U.S. (2018). In accordance with 8 U.S.C. §1158, Petitioner who is an immigrant victim of Qualifying Criminal Activity involving U.S. citizens has applied for Asylum before, But Petitioner was not allowed to board a flight to the United States. Because CBP does not approve of his ESTA visa under VWP without reasonable reason. Therefore, the person cannot arrive at U.S. National Borders seeking as a destitute asylum seekers. Trump v. Hawaii, No. 17-965, 585 U.S. (2018) The questions presented are: 1. Whether under 8 U.S.C. §1225(b)(1)(B)Gi), inadmissible aliens who are Asylum Seekers include immigrant victim who is not an applicant for, or is not granted, immigrant status under 8 U.S.C. §1101(a)(15)(U) of Qualifying Criminal Activity involving U.S. citizens, his prolonged or temporarily detention, or confinement and was not allowed to board a flight to the United States because the President of the United States ordered DHS under the circumstances are unlawful, or unconstitutional? 2. Whether ‘A substantial risk that physical force against the person or property of another may be used in the course of committing the offense’, 18 U.S.C. §16(b) includes “{invisible] potential or underlying Special Malicious Homosexual Rapist Master Murderers’ Criminal Activities”?

Docket Entries

2018-10-01
Petition DENIED.
2018-09-06
DISTRIBUTED for Conference of 9/24/2018.
2018-09-04
Waiver of right of respondent Customs and Border Protection to respond filed.
2018-07-24
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 4, 2018)

Attorneys

Customs and Border Protection
Noel J. FranciscoSolicitor General, Respondent
Seungjin Kim
Seungjin Kim — Petitioner