Bennett v. Immigration and Naturalization Service

Background

David Bennett, an inmate at the Yolo County Jail, filed this civil action without an attorney. The court separately granted him permission to proceed without paying the filing fee. Bennett alleged that he was not a United States citizen and that the Immigration and Naturalization Service detained him in 2006 for deportation based on a robbery conviction. He also described later state-court convictions for carjacking, escape, and weapons charges.

Bennett alleged that his appointed attorney from the Public Defender’s Office of Santa Clara County was ineffective and was extorting him by publishing and distributing a suspected child-abuse report. He also alleged that officials or courts refused to prosecute him for a crime he said he committed. He asked to be removed to federal court for deportation and to change the venue of his state criminal case.

Court’s analysis

Because Bennett was a prisoner seeking relief from governmental entities or employees, the court screened the complaint under 28 U.S.C. § 1915A. That law requires the court to identify claims that can proceed and dismiss claims that are frivolous, malicious, fail to state a claim, or seek money from an immune defendant. The court also said it would read filings by people without attorneys liberally.

The court concluded that Bennett’s request for “removal” to federal court for deportation was not capable of judicial determination. It stated that Immigration and Customs Enforcement, formerly the Immigration and Naturalization Service, is the agency responsible for deportation of noncitizens. The court found no authority allowing it to order Bennett’s deportation. It also found no authority allowing it to transfer Bennett’s state criminal case to federal court, explaining that the federal removal statute applies to civil cases, not criminal cases.

Bennett separately moved for a certificate of citizenship, travel papers, and a passport. In that motion, he asked to withdraw his deportation request, exercise a right to be a United States citizen, and obtain citizenship, a visa, a passport, and other travel documents. The court found no authority, and Bennett cited none, empowering it to grant those requests.

Disposition

Judge Jacqueline Scott Corley dismissed the complaint without leave to amend for failure to state a claim capable of judicial determination. She denied Bennett’s motion for a certificate of citizenship, a passport, and travel papers. The order resolved docket number 11, directed the clerk to enter judgment, and closed the file.