No. 90-1625.

930 F.2d 1292 (1991)

Constantino Ocampa AGUIRRE, Plaintiff-Appellant, v. Edwin MEESE, Attorney General, and John Doe, Special Agent, in their individual and official capacities, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 3, 1991.

Attorney(s) appearing for the Case

Constantino O. Aguirre, pro se.

James G. Hoofnagle, Jr., Asst. U.S. Atty., Office of the U.S. Atty., Chicago, Ill., for defendants-appellees.

Before CUMMINGS, POSNER and KANNE, Circuit Judges.


On July 20, 1990, by unpublished order, we affirmed the district court's denial of Mr. Aguirre's petition for mandamus, by which he sought to compel the Attorney General of the United States to conduct an expeditious deportation hearing in accordance with 8 U.S.C. § 1252(i), a statute that was enacted in 1986 and that provides that "in the case of an alien who is convicted of an offense which makes the alien subject to deportation, the Attorney General shall begin any deportation proceeding as expeditiously as possible after the date of the conviction." The Attorney General has requested that we publish our order in order to establish circuit-wide precedent that section 1252(i) does not create a private right of action. (Our unpublished orders are not citable as precedents. 7th Cir.R. 53(b)(2)(iv).) There is no need to publish the entire order. All we need do is make clear our agreement with Gonzalez v. INS, 867 F.2d 1108 (8th Cir.1989), which holds on grounds we find persuasive that section 1252(i) indeed creates no private right of action.



1000 Characters Remaining reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases