REENA RAGGI, United States District Judge.
On June 12, 1992, petitioner Jorge Humberto Lopez was sentenced to a term of 120 months imprisonment and three years supervised release, having pleaded guilty to one count of being an illegal alien in possession of a firearm in violation of 18 U.S.C. § 922(g)(5). Petitioner now moves for an order of immediate deportation pursuant to a statutory provision of the Immigration and Nationality Act, previously codified at 8 U.S.C. § 1252(h)(2), but now found at 8 U.S.C. § 1231(a)(4).
The statute provides that the Attorney General generally "may not remove an alien who is sentenced to imprisonment until the alien is released from imprisonment." 8 U.S.C. § 1231(a)(4)(A). As an exception to this rule,
The Attorney General is authorized to remove an alien in accordance with applicable procedures under this chapter before the alien has completed a sentence of imprisonment —
(i) in the case of an alien in the custody of the Attorney General, if the Attorney General determines that (I) the alien is confined pursuant to a final conviction for a nonviolent offense (other than an offense related to the smuggling or harboring of aliens or an offense described in [certain other sections of the Immigration and Nationality Act]), and (II) the removal of the alien is appropriate and in the best interest of the United States
8 U.S.C. § 1231(a)(4)(B).
Assuming arguendo that petitioner qualifies as a nonviolent offender under 8 U.S.C. § 1231(a)(4)(B), the provision does not entitle him to a judicial order of removal. The law simply vests discretion in the Attorney General to remove certain aliens before the completion of their sentences, consistent with the best interests of the United States. Indeed, 8 U.S.C. § 1231 (a)(4)(D) makes plain that a private person such as petitioner may not bring any kind of action to compel the Attorney General to exercise the discretion conferred upon her: "No cause or claim may be asserted under [ 8 U.S.C. § 1231 (a)(4)] against any official of the United States or of any State to compel the release, removal or consideration for release or removal of any alien."
Because the law merely confers upon the Attorney General the discretion to remove aliens before completion of their sentences, and does not bestow upon petitioner any right to the relief that he seeks, the court hereby DENIES his request for an order of immediate deportation. The Clerk of the Court is asked to mark the case closed.
The court notes that petitioner moved for this relief once before, in 1996. The court denied relief for the same reasons it does so today. See Lopez v. United States, CV 96-3066 (E.D.N.Y. Jun. 28, 1996).
SO ORDERED.