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U.S. v. Espinel-Cardozo

United States District Court, S.D. New York
Aug 11, 2008
05 Cr. 1262 (DLC) (S.D.N.Y. Aug. 11, 2008)

Opinion

05 Cr. 1262 (DLC).

August 11, 2008


MEMORANDUM OPINION AND ORDER


Defendant Hector Jesus Espinel-Cardozo, a citizen of Colombia, pleaded guilty in this Court to one count of conspiracy to import five kilograms and more of cocaine, in violation of 21 U.S.C. §§ 812, 959, 960(a)(1) (b)(1)(B), and 963, and one count of distributing five kilograms of cocaine or more intending that such cocaine would be imported into the United States, in violation of 21 U.S.C. § 959. On July 11, 2008, he was sentenced principally to thirty-six months' imprisonment; he is currently serving his sentence. Espinel-Cardozo now moves this Court for "immediate deportation," contending that the Immigration and Nationality Act ("INA") provides for the deportation of nonviolent alien offenders prior to the completion of their term of imprisonment. His motion is denied.

The INA confers on the Attorney General the discretion to "remove an alien" in federal custody if

if the Attorney General determines that (I) the alien is confined pursuant to a final conviction for a nonviolent offense . . . and
(II) the removal of the alien is appropriate and in the best interest of the United States. . . .
8 U.S.C. § 1231(a)(4)(B)(i). The same provision of the INA provides that "[n]o cause or claim may be asserted under this paragraph against any official of the United States or of any State to compel the release, removal, or consideration for release or removal of any alien." Espinel-Cardozo thus lacks standing to assert a claim for immediate deportation. Duamutef v. I.N.S., 386 F.3d 172, 182 (2d Cir. 2004). Accordingly, it is hereby

ORDERED that Espinel-Cardozo's motion dated May 14, 2008 is denied.

SO ORDERED:


Summaries of

U.S. v. Espinel-Cardozo

United States District Court, S.D. New York
Aug 11, 2008
05 Cr. 1262 (DLC) (S.D.N.Y. Aug. 11, 2008)
Case details for

U.S. v. Espinel-Cardozo

Case Details

Full title:UNITED STATES OF AMERICA, v. HECTOR JESUS ESPINEL-CARDOZO, Defendant

Court:United States District Court, S.D. New York

Date published: Aug 11, 2008

Citations

05 Cr. 1262 (DLC) (S.D.N.Y. Aug. 11, 2008)