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Keywords

attorneystatutedeportationlienswrit of mandamus
attorneystatutedeportationlienswrit of mandamus

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Sjogreen v. Reno

Facts

At the time of his application, the alien was incarcerated for committing a federal crime. The alien claimed that he met the criteria for deportation under the Immigration and Nationality Act. An amendment to 242A(a)(3)(A) of the Immigration and Nationality Act, 8 U.S.C.S. 1252, by 438 of the Antiterrorism and Effective Death Penalty Act of 1996 granted the Attorney General power before completion of their respective sentences to deport aliens convicted of certain nonviolent offenses. The alien sought the writ on the basis of the amendment. The court held that albeit the amendment gave discretion to the Attorney General to deport certain aliens, it did not obligate her to do so; the decision to deport aliens who were incarcerated nonviolent offenders was in the exclusive, unlimited discretion of the Attorney General.

At the time of his application, the alien was incarcerated for committing a federal crime. The alien claimed that he met the criteria for deportation under the Immigration and Nationality Act. An amendment to 242A(a)(3)(A) of the Immigration and Nationality Act, 8 U.S.C.S. 1252, by 438 of the Antiterrorism and Effective Death Penalty Act of 1996 granted the Attorney General power before completion of their respective sentences to deport aliens convicted of certain nonviolent offenses. The alien sought the writ on the basis of the amendment. The court held that albeit the amendment gave discretion to the Attorney General to deport certain aliens, it did not obligate her to do so; the decision to deport aliens who were incarcerated nonviolent offenders was in the exclusive, unlimited discretion of the Attorney General.

Issue

Whether the Attorney General is obligated to deport an alien who meets the criteria for deportation under the Immigration and Nationality Act, or whether the decision to deport is at the discretion of the Attorney General.

Whether the Attorney General is obligated to deport an alien who meets the criteria for deportation under the Immigration and Nationality Act, or whether the decision to deport is at the discretion of the Attorney General.

Rule

While the statute gives discretion to the Attorney General to deport certain aliens, it does not obligate the Attorney General to do so.

While the statute gives discretion to the Attorney General to deport certain aliens, it does not obligate the Attorney General to do so.

Analysis

The court analyzed the amendment to the Immigration and Nationality Act and concluded that it conferred no right, express or implied, on the petitioner to compel the Attorney General to deport him. The court emphasized that the decision to deport an alien who is a nonviolent offender currently incarcerated is left to the sole and unfettered discretion of the Attorney General. The court also noted that the petitioner lacked standing under The Mandamus Act to seek mandamus, as the amendment imposed no duty on the Attorney General to deport him.

The court analyzed the amendment to the Immigration and Nationality Act and concluded that it conferred no right, express or implied, on the petitioner to compel the Attorney General to deport him. The court emphasized that the decision to deport an alien who is a nonviolent offender currently incarcerated is left to the sole and unfettered discretion of the Attorney General. The court also noted that the petitioner lacked standing under The Mandamus Act to seek mandamus, as the amendment imposed no duty on the Attorney General to deport him.

Conclusion

The court denied the alien's petition for a writ of mandamus, and the court dismissed the alien's case.

The court denied the alien's petition for a writ of mandamus, and the court dismissed the alien's case.

Who won?

The Attorney General prevailed in the case because the court found that the decision to deport was discretionary and that the petitioner had no standing to compel deportation.

The Attorney General prevailed in the case because the court found that the decision to deport was discretionary and that the petitioner had no standing to compel deportation.

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