Jozsef A. Guti v. U.S. Immigration and Naturalization Service John K. Van De Kamp

The appellant, Jozsef Guti, is currently serving a prison term at the Federal Correctional Institute in Pleasanton, California, for federal parole violations. He is not scheduled for release until later this year. In February of 1989, the Immigration and Naturalization Service filed a detainer action letter with prison officials. The de-tainer letter indicates that Guti will be subject to deportation proceedings upon his release from federal incarceration.

Guti filed this action in district court, asserting two major contentions. First, he claimed that he was entitled under the Bail Reform Act of 1984 to a bail hearing as a result of the pendency of deportation proceedings. 18 U.S.C. §§ 3142-43 (1988). Second, he asserted that he was entitled under 8 U.S.C. § 1252 (a), (i) (1988), to an immediate deportation hearing.

The district court dismissed the action as frivolous pursuant to 28 U.S.C. § 1915 (d) prior to service of process upon the defendants. See Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir.1989).

The district court correctly held that Guti’s first contention was frivolous. The Bail Reform Act requires prompt bail determinations for persons awaiting trial, sentencing…