Cabellero v. United States of America

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA
BULGE MARIA FUNEZ CABELLERO CIVIL ACTION
VERSUS
UNITED STATES OF AMERICA NO. 25-00587-BAJ-SDJ
RULING AND ORDER
Before the Court is Petitioner's JVIotion for Deportation (Doc. 1).
Petitioner's Motion seeks immediate deportation to Germany, her home country,
which the Court construes as a request for mandamus relief pursuant to
28U.S.C. § 1361.
Petitioner was convicted on two counts offirst-degree murder and is serving a
life sentence in state prison. Maintaining her innocence, but acknowledging these
convictions, she asks the Court to order the Department of Homeland Security and
Immigration and Naturalization Services to initiate deportation proceedings and
remove her to Germany. (Doc. 1 at 5).
The federal mandamus statute, 28 U.S.C. § 1361, endows federal district courts
with "original jurisdiction of any action in the nature of mandamus to compel an
officer or employee of the United States or any agency thereof to perform a duty owed
to the plaintiff." Relevant here, an applicant seeking a writ ofmandamus must show
a clear right to the relief sought, and that the federal "defendant owes [them] a clear
nondiscretionary duty." Heckler v. Ringer, 466 U.S. 602, 616 (1984).
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Here, Petitioner's Motion for Deportation (Doc. 1) must be denied, as she has
not established a clear right to the relief sought—i.e., the immediate initiation of her
deportation to Germany.
Under 8 U.S.C. § 1231(a)(4)(A), "the Attorney General may not remove an alien
who is sentenced to imprisonment until the alien is released from imprisonment.
Additionally, Section 1231(a)(4)(D) "specifically disallows a private cause of action to
compel the Attorney General to deport a convicted alien prior to completion of the
sentence." Duamutefv. I.N.S., 386 F.3d 172, 177 (2d Cir. 2004); see also Bell v. INS,
292 F. Supp. 2d 370, 372 (D. Conn. 2003) ("[A]n inmate ordinarily remains in the
custody of the correctional institution until his or her sentence is complete . .. because
an inmate cannot be deported while imprisoned by the state."); Rodney v. I.N.S.,
462 F. Supp. 2d 285, 288 (D. Conn. 2006) ("Petitioner has no clear right to deportation
prior to the expiration of his term of incarceration."); Kim Thul Ouk v. U.S. Dept of
Just. Exec. for Immigr. & Naturalization, 2010 WL 98944, at *3
CW.D. Okla. Jan. 11, 2010) ("Because Plaintiff is still serving the sentence on the
Minnesota state conviction, he has no right to request commencement of deportation
or removal proceedings.").
Because Petitioner seeks mandamus relief in the form of an order compelling
the initiation of deportation proceedings, she has failed to state a viable cause of
action. Accordingly,
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IT IS ORDERED that Petitioner's Motion for Deportation (Doc. 1) is
DENIED.
IT IS FURTHER ORDERED that the above-captioned matter be and is
hereby DISMISSED WITHOUT PREJUDICE.
Judgment shall be entered accordingly.
Baton Rouge, Louisiana, this / day of February, 2026
JUDGE BRIAN A. J^VCK60N
UNITED STATES DIST'RICT COURT
MIDDLE DISTRICT OF LOUISIANA
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