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Keywords

attorneyappealhearingleasedeportationrespondentlienswrit of mandamus

plaintiffstatutehearingleasedeportationrespondentwrit of mandamus

Related Cases

Rodney v. Immigration and Naturalization Service

Facts

Wesley Rodney, a citizen of Guyana, entered the United States in 1987 and was later convicted of narcotics possession in 1993. An Immigration Judge ordered his deportation in 1995 after he failed to appear at a hearing, and this order became final when he waived his right to appeal. Rodney was sentenced to fifteen years in state prison in 1999 for sale of narcotics, and the INS placed a detainer on him due to his deportation status. He filed a petition for a writ of mandamus in 2005, seeking immediate deportation while still serving his sentence, which is set to expire in 2014.

Petitioner is a citizen and native of Guyana. Petitioner entered the United States at or near New York, New York on or about December 22, 1987 as an immigrant. On February 5, 1993, Petitioner was convicted of possession of narcotics in violation of Connecticut General Statutes 21a-279(a). On June 16, 1995, an Immigration Judge ('IJ') ordered Petitioner deported to Guyana based on his failure to appear at his deportation hearing.

Issue

The main legal issue is whether Wesley Rodney has a clear right to be deported prior to the completion of his state prison sentence and whether the INS has a duty to deport him before his release.

Rule

The court applied the principle that a writ of mandamus may issue only when there is a clear right to the relief sought, a plainly defined duty on the part of the respondent, and a lack of another available remedy. Additionally, under 8 U.S.C. 1228(a)(3)(B), the Attorney General is not required to effect the deportation of any alien sentenced to actual incarceration before their release.

The Second Circuit has held that 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 [respondent's] part to do the act in question; and (3) lack of another available, adequate remedy.'

Analysis

The court found that Rodney had no clear right to deportation while still serving his state sentence, as the INS is not obligated to remove him until he is released. The court referenced 8 U.S.C. 1228, which allows for deportation proceedings but does not require immediate deportation of an incarcerated alien. The court also noted that similar cases had denied mandamus relief to aliens in state custody, reinforcing that the INS does not accept custody of deportable aliens until they are under a final order of deportation and ready for immediate removal.

Petitioner has no clear right to deportation prior to the expiration of his term of incarceration, and the INS has no obligation to remove him prior to the termination of his state sentence.

Conclusion

The court dismissed Rodney's petition for a writ of mandamus, concluding that he has no clear right to be released from state custody or to be immediately deported.

Accordingly, because Petitioner has no clear right to be released from state custody or to be immediately deported, his petition for a writ of mandamus is denied.

Who won?

The INS prevailed in this case because the court ruled that Rodney had no clear right to immediate deportation while still incarcerated.

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