Jorge Silveyra v. Robert M. Moschorak, District Director of the Immigration & Naturalization Service Mark Henry, Warden

ORDER

The request by Defendant-Appellee Mos-chorak for publication is granted.

The memorandum disposition filed January 28, 1993 is redesignated a per curiam opinion with minor modifications.

OPINION

Silveyra is a citizen of Mexico and became a permanent resident of the United States in 1974. He was convicted in 1988 of possession with intent to distribute cocaine in violation of 21 U.S.C. § 841 (a)(1) and is incarcerated in the federal prison at Terminal Island, California.

On February 14, 1991, the Immigration and Naturalization Service (INS) filed an immigration detainer against Silveyra. The detainer stated INS was investigating whether Silveyra was subject to deportation and requested the Bureau of Prisons to notify INS 30 days prior to Silveyra’s release. Silveyra asked INS to begin deportation proceedings in 1991, but INS took no action. Silveyra then filed a complaint in district court requesting either that the detainer be removed because he was ineligible for deportation, or that the court order an immediate administrative deportation hearing pursuant to 8 U.S.C. § 1252 (i), which provides, “In the case of an alien who is convicted of an offense which makes the…