v. Director
ED-1 is the first part of the Zamel decision. It refers to the issue of whether the Director of the Immigration and Naturalization Service (INS) had the authority to deport the petitioner, who was an Australian citizen visiting the United States. The Court held that the INS Director did not have the authority to deport the petitioner because, according to the agreement between the United States and Australia at the time, the INS Director was not given the power to deport anyone to any other country without a hearing. This ruling was based on the fact that the petitioner had a right to an immigration hearing, as is required under United States law. The Court noted that, under the agreement between the United States and Australia, both nations had agreed to abide by the laws of each other. Thus, the petitioner had a right to an immigration hearing that the INS Director was obligated to provide. Ultimately, the issue was resolved in favor of the petitioner who, as a result, was not deported.