Edmundo M. Campos v. Immigration and Naturalization Service

Federal prisoner and alien Edmundo Campos appeals the district court’s summary judgment in favor of the Immigration and Naturalization Service (“INS”) in Campos’ mandamus action seeking an expedited deportation hearing pursuant to 8 U.S.C. § 1252 (i). We must decide whether Congress in 1994 legislatively overruled the law of this circuit that permitted an incarcerated alien to seek such mandamus relief. See, e.g., Silveyra v. Moschorack, 989 F.2d 1012 , 1014 n. 1 (9th Cir.1993). To assist our inquiry, we appointed counsel from our court’s pro bono representation project. We conclude that in passing section 225 of the Immigration and Nationality Technical Corrections Act of 1994, Pub.L. No. 103-416 (“INTCA”), Congress has foreclosed mandamus actions under section 1252(i). We affirm the district court’s judgment denying relief.

Petitioner-appellant Edmundo Campos was born in Lima, Peru in 1953 and entered the United States as a legal permanent resident alien in 1977. Campos was sentenced in 1989 to 15 years’ federal imprisonment and a life term of supervised release for possession and conspiracy to possess cocaine with intent to distribute. Convictions for these crimes subject…