WASHINGTON, Jan. 10 -- The Supreme Court has summarily dismissed an immigration case involving a Nigerian, one of several immigration cases dismissed following tougher immigration laws passed by Congress last year. The current case was scheduled for argument Monday afternoon, but the high court dismissed it in a one-sentence order, without comment, Friday.
At issue in the case was whether a federal judge could ignore immigration hearings when ordering a deportation. Larry Osa Ogbomon, a Nigerian citizen, was convicted of bank fraud, forgery, theft and bad check offenses, and in March 1991 an immigration judge from the Immigration and Naturalization Service ordered him deported 'as an alien who had been convicted of two or more crimes involving moral turpitude.' Ogbomon was handed his hat and forced out of the United States and back to Nigeria in November 1991. But in October 1993, Ogbomon was discovered back in the United States. Following a guilty plea in U.S. District Court in Atlanta in January 1995, a federal judge sentenced him to 16 months in prison and three years 'supervised release.' As a condition of release, however, Ogbomon was ordered to 'depart the United States when ordered to do so by the (INS).' Ogbomon appealed the condition, contending among other things the judge's order 'constituted a judicial order of deportation.' When a federal appellate court affirmed the condition, Ogbomon asked the Supreme Court in a pauper petition for review, saying among other things the federal appellate courts are divided on the issue. (No. 95-8736, Larry Osa Ogbomon vs. United States of America)NEWLN:---
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