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Fernandez v. Immigration & Customs Enforcement

March 10, 2008

GERMAN FERNANDEZ #431327, PETITIONER,
v.
IMMIGRATION & CUSTOMS ENFORCEMENT, RESPONDENT.



The opinion of the court was delivered by: Thomas W. Phillips United States District Judge

MEMORANDUM AND ORDER

The court is in receipt of a pro se "motion for fast & speedy trial" and an application to proceed in forma pauperis. Petitioner's application to proceed in forma pauperis is GRANTED. The Clerk is DIRECTED to file this action without the prepayment of costs or fees or security therefor as of the date the motion was received. However, for the reasons stated below, process shall not issue and this action is DISMISSED.

Petitioner is in the custody of the Tennessee Department of Correction and housed at Brushy Mountain Correctional Complex; the Immigration and Customs Enforcement is the respondent. Petitioner's motion concerns a detainer that has been lodged against him by respondent, as a result of an investigation to determine removal. Apparently, petitioner is asking this court to order the respondent to expedite petitioner's deportation to Colombia.

This court, however, lacks jurisdiction to intervene in deportation proceedings. See 8 U.S.C. § 1252. Accordingly, petitioner's motion is DENIED and this action DISMISSED. The court CERTIFIES that any appeal from this action would not be taken in good faith and would be totally frivolous. See Rule 24 of the Federal Rules of Appellate Procedure.

20080310

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