Gonzalez-Hernandez v. Holder
8 United States Code §1228 provides, [N]othing in this section shall be construed as requiring the Attorney General to effect the removal of any alien sentenced to actual incarceration, before release from the penitentiary or correctional institution where such alien is confined. In 2005, the petitioner, who is a citizen of the Dominican Republic, was convicted of the sale of a controlled substance and sentenced to 22 years. Apparently, an immigration judge concluded that the petitioner committed an aggravated felony and issued a final order of deportation. The petitioner, who is not eligible for parole from the prison until 2015, requested a writ of mandamus, to order the U.S. Attorney General to deport the petitioner from the U.S., prior to his completion of his prison sentence. The court found that the plaintiff, who is in the custody of the state until 2015, is not eligible for habeas relief. The petitioner did not adequately allege any constitutional or statutory right to immediate deportation.