The US Supreme Court has granted certiorari in a case involving a Nigerian national, reports the Jurist.
In United States v Denedo, the court will decide whether a military appellate court has jurisdiction to entertain a petition for a writ of error coram nobis filed by a former service member to review a final court-martial conviction. The case involves a Nigerian national who enlisted in the US Navy and was later convicted on larceny charges. After he was discharged from the Navy, deportation proceedings began on the basis of the conviction. Denedo sought a writ of error coram nobis from the US Court of Appeals for the Armed Forces, which found that it had jurisdiction over the case. The US Department of Justice appealed against the ruling.
The US Supreme Court [official website; JURIST news archive] granted certiorari [order list, PDF] in two cases Tuesday. In United States v. Denedo [docket; cert. petition, PDF], the Court will decide whether a military appellate court has jurisdiction to entertain a petition for a writ of error coram nobis [backgrounder] filed by a former service member to review a final court-martial conviction. The case involves a Nigerian national who enlisted in the US Navy and was later convicted on larceny charges. After he was discharged from the Navy, deportation proceedings began onthe basis of the conviction. Denedo sought a writ of error coram nobis from the US Court of Appeals for the Armed Forces [official website], which found [opinion, PDF] that it had jurisdiction over the case. The US Department of Justice [official website] appealed the ruling.In Nken v. Mukasy [docket; stay application, PDF], the Court will consider what standard governs a stay of deportation request by an alien pending consideration of his petition for review. Jean Marc Nken is a native of Cameroon who fears persecution upon return to his home country. He was denied a stay of a deportation order while he pursued court review of the denial of his asylum claim. His lawyers originally asked the Court for a stay of deportation, but the court granted full review to resolve the conflict over the proper standard of review. His deportation has since been blocked, and oral argument is scheduled for January 21.
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