Does Section 1252(h) of the Immigration Code apply?
MultiRegion, United States of America
The following excerpt is from Jolivet v. I.N.S., 9 F.3d 1552 (9th Cir. 1993):
Section 1252(h), however, does apply. It provides that "[a]n alien sentenced to imprisonment shall not be deported until such imprisonment has been terminated by the release of the alien from confinement." 8 U.S.C. 1252(h); see also Rodriguez v. United States, 994 F.2d 110, 111 (2d Cir.1993) (rejecting alien's claim that order of deportation supersedes criminal conviction requiring immediate deportation); Perez v. INS, 979 F.2d 299, 300-301 (3d Cir.1992) (same).
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