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Keywords

plaintiffdefendanthearingleaseparolenaturalizationwrit of mandamus
plaintiffdefendanthearingleasefelonycitizenshipnaturalizationwrit of mandamus

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Bell v. Immigration and Naturalization Service

Facts

Richard Bell, a native of Jamaica, entered the U.S. illegally in 1998 and was later convicted of carrying a weapon without a permit, resulting in a 25-month sentence. After the INS filed a detainer against him, Bell was voted for parole but remained in custody due to the detainer. He filed a petition seeking immediate release and a hearing, claiming the detainer violated his liberty interests.

Richard Bell, a native and citizen of Jamaica, who entered this country illegally in or about July 1998. Bell married a United States citizen on February 11, 2001. In or about April 2001, Bell and his wife had a son, who is also a United States citizen. There is no indication, however, that Bell has ever applied for citizenship. On April 11, 2002, Bell was sentenced to twenty-five months' incarceration after being convicted for carrying a weapon without a permit. Shortly after Bell began serving his sentence, the INS filed a detainer with state prison officials based on Bell's felony conviction. Bell has not received a final order of removal, nor have removal proceedings begun.

Issue

Whether Bell had a clear right to an immediate hearing regarding the INS detainer and to be released from state custody.

Whether Bell had a clear right to an immediate hearing regarding the INS detainer and to be released from state custody.

Rule

A writ of mandamus may issue only when there is a clear right in the plaintiff to the relief sought, a plainly defined duty on the defendant's part, and lack of another available remedy. Additionally, an INS detainer does not subject a prisoner to the custody of the INS.

A writ of mandamus may issue only when there is: '(1) a clear right in the plaintiff to the relief sought; (2) a plainly defined and preemptory duty on the defendant's part to do the act in question; and (3) lack of another available, adequate remedy.'

Analysis

The court determined that Bell did not have a clear right to the remedies he sought, as neither federal nor state procedures provided him with a right to a hearing or release from custody. The INS was not required to initiate removal proceedings before Bell's sentence expired, and the detainer did not constitute custody under the law.

The court determined that Bell did not have a clear right to the remedies he sought, as neither federal nor state procedures provided him with a right to a hearing or release from custody. The INS was not required to initiate removal proceedings before Bell's sentence expired, and the detainer did not constitute custody under the law.

Conclusion

The court denied Bell's petition for a writ of mandamus, concluding that he lacked the necessary rights to the relief he sought.

For the foregoing reasons, Bell's petition (doc. # 1) is denied. The clerk shall close the file.

Who won?

The Immigration and Naturalization Service (INS) prevailed because the court found that Bell did not have a clear right to the relief he sought.

The Immigration and Naturalization Service (INS) prevailed because the court found that Bell did not have a clear right to the relief he sought.

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