Earle v. Immigration & Naturalization Service
239 F. Supp. 3d 234
| D.D.C. | 2017Background
- Vernon Norman Earle, a Jamaican national and lawful permanent resident, was convicted in D.C. of first-degree murder and related violent offenses and is serving an aggregate sentence of 20 years to life.
- INS lodged a detainer in 1991; on May 15, 1995 INS issued a final order of removal finding Earle deportable.
- Earle filed a mandamus petition under 28 U.S.C. § 1361 in 2016 seeking an order compelling immediate deportation to Jamaica, arguing the INA required deportation within six months of the 1995 removal order.
- The government moved to dismiss for lack of subject matter jurisdiction and failure to state a claim, also arguing preclusion; the court relied on statutory jurisdictional bars and did not reach preclusion.
- The court held the INA (8 U.S.C. §§ 1231(a)(4), 1252(h), and 1252(a)(2)(C)) strips district courts of jurisdiction to order removal of incarcerated aliens convicted of certain crimes and bars mandamus to force the Attorney General to release or remove such aliens.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether district court has jurisdiction to grant mandamus compelling deportation of an incarcerated, removable alien | Earle: INA (as in effect 1995) required deportation within six months of removal order; court should compel deportation now | Gov't: INA strips courts of jurisdiction over claims arising from removal decisions and bars suits to compel release or removal of incarcerated aliens | Dismissed for lack of subject matter jurisdiction under INA; mandamus unavailable |
| Whether mandamus is appropriate extraordinary relief | Earle: seeks writ because removal order was issued and not executed within statutory period | Gov't: no clear and indisputable right; statute vests discretion in Attorney General and defers removal while alien is imprisoned | Mandamus denied—no clear legal right and INA forbids compelling removal of imprisoned aliens |
Key Cases Cited
- Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375 (court of limited jurisdiction presumption)
- General Motors Corp. v. EPA, 363 F.3d 442 (D.C. Cir. 2004) (begin and end with jurisdictional analysis)
- In re Cheney, 406 F.3d 723 (D.C. Cir. 2005) (mandamus requires clear and indisputable right)
- Sjogreen v. Reno, 943 F. Supp. 29 (D.D.C. 1996) (deportation of incarcerated alien committed to Attorney General’s discretion)
- United States v. Velasquez, 930 F. Supp. 1267 (N.D. Ill. 1996) (similar principle on discretion to deport incarcerated aliens)
- Earle v. U.S., 808 F. Supp. 2d 301 (D.D.C. 2011) (prior relevant district-court proceedings regarding petitioner)
- Michel v. I.N.S., 206 F.3d 253 (2d Cir. 2000) (discussion of moral turpitude terminology)
- Cabral v. I.N.S., 15 F.3d 193 (1st Cir. 1994) (voluntary murder qualifies as crime involving moral turpitude)