David R. Jolivet v. Immigration & Naturalization Service

9 F.3d 1552 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. David R. JOLIVET, Plaintiff-Appellant, v. IMMIGRATION & NATURALIZATION SERVICE, Defendant-Appellee. No. 92-55567. United States Court of Appeals, Ninth Circuit. Submitted Nov. 1, 1993. * Decided Nov. 8, 1993. Before: SCHROEDER, D.W. NELSON, and THOMPSON, Circuit Judges. 1 MEMORANDUM % ** 2 David R. Jolivet, an incarcerated alien, appeals pro se the district court's dismissal of his complaint seeking to compel the Immigration and Naturalization Service ("INS") to deport him prior to the completion of his criminal sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 and affirm. 3 In support of his contention that he is entitled to immediate deportation, Jolivet relies on Soler v. Scott, 942 F.2d 597 (9th Cir.1991), vacated as moot sub nom., Sivley v. Scott, 113 S.Ct. 454 (1992). He also relies on 8 U.S.C. § 1252 (i). This reliance, however, is misplaced. Section 1252(i) requires the INS to…