Lazaro Garcia v. Larry F. Taylor, Warden Immigration & Naturalization Service

Lazaro Garcia is a citizen of Cuba and a permanent resident of the United States. He is also a person who is serving a sentence in federal prison after having been convicted of distribution of cocaine. See 21 U.S.C. § 841 (a)(1). That conviction makes him an aggravated felon. See 8 U.S.C. § 1101 (a)(43); 18 U.S.C. § 924 (c)(2). As an aggravated felon he is subject to the provisions of 8 U.S.C. § 1252 and is to be provided an expedited deportation hearing. See 8 U.S.C. § 1252a(d)(l). He brought a mandamus action in which he claimed that the Immigration & Naturalization Service was not taking steps to give him the expedited hearing that the law promised (or threatened). The district court denied relief and he appeals. We reverse and remand.

BACKGROUND FACTS

Garcia is serving an 84-month term in federal prison on account of his narcotics trafficking offense. He has a probable release date of May 9, 1996. His crime has subjected him to the possibility of deportation. See 8 U.S.C. § 1252 . That means that the Attorney General “shall provide for the initiation and, to the extent possible, the completion of deportation proceedings, and any administrative appeals thereof, ... before…