Savoury v. U.S. Attorney General, 449 F.3d 1307 (11th Cir. May 25, 2006) (doctrine of laches is inapplicable against government who admitted respondent as LPR despite knowledge of a controlled substances conviction, and later sought to exclude him when he arrived from a trip abroad: "Neither this Court nor the Supreme Court has ever indicated that laches applies against the government. Instead, the Supreme Court has stated that, "[a]s a general rule laches or neglect of duty on the part of officers of the Government is no defense to a suit by it to enforce a public right or protect a public interest." Hibi, 414 U.S. at 8, 94 S.Ct. at 21. We have gone even further, holding that laches "cannot be asserted against the United States in its sovereign capacity to enforce a public right or to protect the public interest." United States v. Arrow Transp. Co., 658 F.2d 392, 394 (5th Cir. Unit B 1981).The INS does act in the public interest when it enforces the immigration laws of this country. Hibi, 414 U.S. at 8, 94 S.Ct. at 21. That is what happened in this case: after years of failing to do so, the INS finally enforced the immigration laws against Savoury. Laches cannot be asserted to prevent it from doing so.").

jurisdiction: 
Eleventh Circuit

 

TRANSLATE