OROZCO v. U.S. I.N.S.

No. 89-5800 Non-Argument Calendar.

911 F.2d 539 (1990)

Hector OROZCO, Petitioner-Appellant, v. UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE, Perry A. Rivkind and Kenneth Powers, Respondents-Appellees.

United States Court of Appeals, Eleventh Circuit.

September 7, 1990.


Attorney(s) appearing for the Case

Linda Collins Hertz, Anne M. Hayes, Asst. U.S. Attys., Miami, Fla., for respondents-appellees.

Before TJOFLAT, Chief Judge, ANDERSON and BIRCH, Circuit Judges.


PER CURIAM:

This appeal addresses the issue of whether incarcerated aliens may compel the Immigration and Naturalization Service (INS), through a petition for writ of habeas corpus, to provide an immediate disposition of deportation proceedings upon the filing of an INS detainer with the penal facility where the alien is incarcerated. We hold that incarcerated aliens may not maintain such actions and affirm the dismissal of the petition by the district court.

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