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U.S. v. Cabello

United States District Court, D. Vermont
Sep 28, 2010
File No. 1:07-cr-00026-jgm-1 (D. Vt. Sep. 28, 2010)

Opinion

File No. 1:07-cr-00026-jgm-1.

September 28, 2010


ORDER (Doc. 34)


Defendant John Cabello, proceeding pro se, claims that as a non-violent alien offender he is entitled to an order of immediate deportation pursuant to 8 U.S.C. § 1252(h)(2)(A). On April 24, 2007, Cabello entered a guilty plea to one count of being found as a previously-deported alien following conviction for an aggravated felony, without having obtained permission of the Attorney General for readmission to the United States (in violation of 8 U.S.C. §§ 1326(a), (b)(2)). On August 2, 2007, the Court sentenced him to a term of imprisonment of 57 months, two years of supervised release, and a special assessment of $100.

Cabello now argues that because he is a non-violent offender, he is entitled to immediate deportation. Federal law provides that a non-violent alien offender may be deported before he finishes serving his prison term. The decision whether to deport a prisoner, however, "is a matter solely within the discretion of the Attorney General." Thye v. United States, 109 F.3d 127, 128 (2d Cir. 1997). "Although section 1252(h)(2)(A) has been re-codified in 8 U.S.C. § 1231(a)(4)(B), courts still apply the Thye holding to claims such as the one petitioner asserts here." Gil v. United States, 2007 WL 2293442, at *1 (E.D.N.Y. Aug. 9, 2007).

A prisoner has no private right of action to compel the Attorney General to take action with respect to deportation. See 8 U.S.C. § 1231(a)(4)(D); Gil, 2007 WL 2293442, at *1; Guerrevo v. United States, 2010 WL 2978514, at *1 (E.D.N.Y. July 26, 2010). Furthermore, the Court has no jurisdiction to review the Attorney General's decision as to whether or not deportation is appropriate. Gil, 2007 WL 2293442, at *1. Accordingly, Cabello's motion for immediate deportation (Doc. 34) is DENIED.

SO ORDERED.

Dated at Brattleboro, in the District of Vermont, this 28th day of September, 2010.


Summaries of

U.S. v. Cabello

United States District Court, D. Vermont
Sep 28, 2010
File No. 1:07-cr-00026-jgm-1 (D. Vt. Sep. 28, 2010)
Case details for

U.S. v. Cabello

Case Details

Full title:United States of America v. John Piter Cabello, a/k/a John Villegas

Court:United States District Court, D. Vermont

Date published: Sep 28, 2010

Citations

File No. 1:07-cr-00026-jgm-1 (D. Vt. Sep. 28, 2010)