Migel Tulio v. Brent Thompson

Summary

The magistrate judge recommends denying and dismissing with prejudice Migel Tulio’s 28 U.S.C. § 2241 petition seeking immediate or early deportation to Honduras instead of serving the remainder of his state sentence. The recommendation concludes that habeas corpus does not provide relief from a lawful sentence solely to facilitate deportation and that federal law does not require removal before release from incarceration.

Holdings

1. Federal habeas corpus is unavailable to terminate a lawful criminal sentence early merely so an inmate subject to deportation may return to his home country.
2. A prisoner has no constitutional or inherent right to conditional release before expiration of a valid sentence and no right to deportation before expiration of the term of incarceration.

Questions Presented

1. Whether a state prisoner may obtain federal habeas relief under 28 U.S.C. § 2241 to secure release from a valid criminal sentence for the purpose of deportation.
2. Whether 8 U.S.C. § 1228 requires removal of an alien convicted of an aggravated felony before completion of the alien's term of incarceration.

Disposition

dismissed