Lucatero

MEMORANDUM ***

Antonio Oseguera-Lucatero, a.k.a. Antonio Obsegera Lucatero, (“Lucatero”) is a federal prisoner who appeals the judgment entered by the district court denying his petitions for a writ of mandamus and a writ of habeas corpus. We affirm. Because the parties are familiar with the factual and procedural history of this case, we need not recount it here.

I

The district court properly dismissed Lucatero’s petition for a writ of mandamus. A writ of mandamus is proper for the purpose of “compelling] an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.” 28 U.S.C. § 1361 . Lucatero, however, fails to provide any authority under which the Immigration and Naturalization Service (“INS”) must withdraw its detainer. With respect to the statutory provision providing for early removal of incarcerated aliens, such provision only authorizes the Attorney General to use the procedure. See INA § 241(a)(4)(B), 8 U.S.C. § 1231 (a)(4)(B). Congress expressly does not provide any alien a private right “to compel the release, removal, or consideration for release or removal.” § 241(a)(4)(D).

The district court correctly noted that…