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930 F.2d 1292

Docket No. 90-1625.

Aguirre v. Meese

Seventh Circuit Court of Appeals

Submitted April 15, 1991.

Decided May 3, 1991.

Seventh Circuit Court of Appeals · decided 1991-05-03

Cited by 32 later decisions — most recently April 2003 · most notably Barron, Giddings v. Chandler (1992)

15 federal appellate · 4 district · 1 state decisions

2 counsel of record

Key passage — most relied on by later courts

“[i]n the case of an alien who is convicted of an offense which makes the alien subject to deportation, the Attorney General shall begin any deportation proceeding as expeditiously as possible after the date of conviction.”

quoted by 6 later decisions, including Lukumon Okunola Shittu v. Immigration and Naturalization Service, Cervantes v. Ad Moyer Re

“to establish circuit-wide precedent that section 1252(i) does not create a private right of action.”

quoted by 2 later decisions, including Cervantes v. Ad Moyer Re, Roberto M. Cervantes v. A.D. Moyer, District Director of the Immigration and Naturalization Service, R.E. Holt, Warden

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

Relies on Gonzalez v. US Immigration and Naturalization Service

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1991-05-03

View the full empirical analysis of this case →

¶1*1293Constantino 0. Aguirre, pro se.

¶2James G. Hoofnagle, Jr., Asst. U.S. Atty., Office of the U.S. Atty., Chicago, Ill., for defendants-appellees.

¶3Before CUMMINGS, POSNER and KANNE, Circuit Judges.

¶4PER CURIAM.

¶5On July 20, 1990, by unpublished order, we affirmed the district court’s denial of Mr. Aguirre’s petition for mandamus, by which he sought to compel the Attorney General of the United States to conduct an expeditious deportation hearing in accordance with 8 U.S.C. § 1252(i), a statute that was enacted in 1986 and that provides that “in the case of an alien who is convicted of an offense which makes the alien subject to deportation, the Attorney General shall begin any deportation proceeding as expeditiously as possible after the date of the conviction.” The Attorney General has requested that we publish our order in order to establish circuit-wide precedent that section 1252(1) does not create a private right of action. (Our unpublished orders are not citable as precedents. 7th Cir.R. 53(b)(2)(iv).) There is no need to publish the entire order. All we need do is make clear our agreement with Gonzalez v. INS, 867 F.2d 1108 (8th Cir.1989), which holds on grounds we find persuasive that section 1252(i) indeed creates no private right of action.

¶6Affirmed.

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