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Keywords

appealhearingdeportationnaturalizationappellant
appealhearingdeportationnaturalizationappellant

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Silveyra v. Moschorak

Facts

Appellant, a citizen of Mexico, was convicted of possession with intent to distribute cocaine and incarcerated in federal prison. The Immigration and Naturalization Service (INS) filed an immigration detainer against him. He filed a complaint in the district court requesting that an immigration detainer against him be removed because he was ineligible for deportation, or that the court order an immediate administrative deportation hearing, pursuant to 8 U.S.C. 1252(i), which provided that in the case of an alien who is convicted of an offense that makes the alien subject to deportation, any deportation proceedings should be brought as expeditiously as possible after the date of conviction. The complaint was dismissed, and he appealed.

Appellant, a citizen of Mexico, was convicted of possession with intent to distribute cocaine and incarcerated in federal prison. The Immigration and Naturalization Service (INS) filed an immigration detainer against him. He filed a complaint in the district court requesting that an immigration detainer against him be removed because he was ineligible for deportation, or that the court order an immediate administrative deportation hearing, pursuant to 8 U.S.C. 1252(i), which provided that in the case of an alien who is convicted of an offense that makes the alien subject to deportation, any deportation proceedings should be brought as expeditiously as possible after the date of conviction. The complaint was dismissed, and he appealed.

Issue

Whether the appellant had a valid claim under the Mandamus and Venue Act or the Administrative Procedure Act regarding his deportation proceedings.

Whether the appellant had a valid claim under the Mandamus and Venue Act or the Administrative Procedure Act regarding his deportation proceedings.

Rule

Mandamus is appropriate when an official's duty to act is ministerial in nature and so plain as to be free from doubt. Even where an official's responsibilities are in some respects discretionary, mandamus is appropriate if 'statutory or regulatory standards delimiting the scope or manner in which such discretion can be exercised have been ignored or violated.'

Mandamus is appropriate when an official's duty to act is ministerial in nature and so plain as to be free from doubt. Even where an official's responsibilities are in some respects discretionary, mandamus is appropriate if 'statutory or regulatory standards delimiting the scope or manner in which such discretion can be exercised have been ignored or violated.'

Analysis

The court held that because appellant did not claim either that INS violated applicable standards in his case, or that the INS's policy was so inadequate as to be beyond the limits of its discretion, he had no claim under the Mandamus and Venue Act of 1952, 28 U.S.C.S. 1361. Appellant also had no claim under the Administrative Procedure Act (APA), 5 U.S.C.S. 701 et seq., because immigration proceedings are not governed by the APA.

The court held that because appellant did not claim either that INS violated applicable standards in his case, or that the INS's policy was so inadequate as to be beyond the limits of its discretion, he had no claim under the Mandamus and Venue Act of 1952, 28 U.S.C.S. 1361. Appellant also had no claim under the Administrative Procedure Act (APA), 5 U.S.C.S. 701 et seq., because immigration proceedings are not governed by the APA.

Conclusion

The court affirmed the dismissal of the complaint because appellant had no claim under, and immigration proceedings were not governed by, the applicable acts.

The court affirmed the dismissal of the complaint because appellant had no claim under, and immigration proceedings were not governed by, the applicable acts.

Who won?

The prevailing party was the government, as the court upheld the dismissal of the appellant's complaint due to lack of a valid claim.

The prevailing party was the government, as the court upheld the dismissal of the appellant's complaint due to lack of a valid claim.

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