United States v. Erwin Gonzalez, Aka: Joya Aka: Erwin Gonzalez Joya Aka: Erwin Gonzalez-Joya

69 F.3d 545 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Erwin GONZALEZ, aka: Joya; aka: Erwin Gonzalez Joya; aka: Erwin Gonzalez-Joya, Defendant-Appellant. No. 94-50335. United States Court of Appeals, Ninth Circuit. Submitted June 9, 1995. * Decided Nov. 2, 1995. Before: PREGERSON, POOLE, and D.W. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Appellant Erwin Gonzalez Joya, a federal prisoner, appeals the district court's denial of his petition for a writ of mandamus under 28 U.S.C. Sec. 1361 to compel the INS to initiate deportation proceedings against him or, in the alternative, to remove the detainer against him so that he can receive the same benefits as other federal prisoners. We have jurisdiction under 28 U.S.C. Sec. 1291 . We affirm. BACKGROUND 3 Appellant Erwin Gonzalez Joya ("Gonzalez"), is presently an inmate at the Federal Correctional Institution in Bastrop, Texas. It is undisputed that Gonzalez illegally…