From Casetext: Smarter Legal Research

U.S. v. Quiah

United States District Court, D. New Jersey
Dec 16, 2008
Crim. No. 08-87 (JLL) (D.N.J. Dec. 16, 2008)

Opinion

Crim. No. 08-87 (JLL).

December 16, 2008


ORDER


This matter having come before the Court on the motion of the defendant, Harry Quiah, and having received the response of the United States (Ralph J. Marra, Jr., Acting United States Attorney for the District of New Jersey, Jacob T. Elberg, Assistant United States Attorney, appearing),

AND the Court having reviewed the motion of the defendant for Immediate Deportation [docket #35] and the response of the Government [docket #36];

AND the Court having considered the applicable statute and relevant case law;

IT IS THE FINDING OF THIS COURT that:

the decision of whether to remove an alien prior to the completion of a sentence of imprisonment is a matter within the sole discretion of the Attorney General of the United States, and such an alien has no private right of action under 8 U.S.C. § 1231(a)(4)(D) . Defendant's motion is therefore DENIED.

Defendant cites 8 U.S.C. § 1252(h)(2)(A). However, that statutory provision is no longer in force. The current version of the statute is 8 U.S.C. § 1231(a)(4)(B)(i).


Summaries of

U.S. v. Quiah

United States District Court, D. New Jersey
Dec 16, 2008
Crim. No. 08-87 (JLL) (D.N.J. Dec. 16, 2008)
Case details for

U.S. v. Quiah

Case Details

Full title:UNITED STATES OF AMERICA v. HARRY QUIAH

Court:United States District Court, D. New Jersey

Date published: Dec 16, 2008

Citations

Crim. No. 08-87 (JLL) (D.N.J. Dec. 16, 2008)