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717 F. Supp. 696

Cabezas v. Scott

Arizona District Court

Decided January 27, 1989

Arizona District Court · decided 1989-01-27

Cited by 8 later decisions — most recently September 1995

5 federal appellate · 2 district ·

Applies 8 U.S.C. § 1252 (§ 242 of the Immigration and Nationality Act of 1952 (McCarran-Walter))

Relies on Cort v. Ash · Universities Research Assn., Inc. v. Coutu · Campillo v. Sullivan

Good law ✅— No negative treatment on recordhow we know

Decided 1989-01-27

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¶1 ORDER

BILBY, Chief Judge.

¶2 Petitioner is currently in the custody of the Federal Bureau of Prisons. The Immigration and Naturalization Service (INS) has issued a Form 1-247 “Immigration Detainer&emdash;Notice of Action by Immigration and Naturalization Service” and a Form 1-221 “Order to Show Cause and Notice of Hearing.” These documents advise petitioner and the Bureau of Prisons of petitioner’s deportability and request thirty days notice of petitioner’s release. No arrest warrant has been issued. This court is of the opinion that the documents issued do not serve to place petitioner within the custody of INS. Campillo v. Sullivan, 853 F.2d 593 (8th Cir.1988), Fernandez-Collado v. INS, 644 F.Supp. 741 (D.Conn.1986). 8 U.S.C. § 1252(a) is, therefore, inapplicable to petitioner.

¶3 The court further concludes that Section 701 of the Immigration Reform and Control Act of 1986, Pub.L. 99-603, codified at 8 U.S.C. § 1252(i), was intended to address the balance of state versus federal responsibility for incarcerated aliens subject to deportation, rather than for the benefit of deportable aliens. The statute, therefore, does not provide petitioner with a private right of action. Cort v. Ash, 422 U.S. 66, 95 S.Ct. 2080, 45 L.Ed.2d 26 (1975); Universities Research Association, Inc. v. Coutu, 450 U.S. 754, 101 S.Ct. 1451, 67 L.Ed.2d 662 (1981).

¶4 IT IS THEREFORE ORDERED that respondents’ Motion for Summary Judgment is GRANTED.

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