Adeyeye v. Department of Homeland Security

OPINION

Dapo Adeyeye appeals the dismissal of his petition for a writ of mandamus by the District Court for the District of New Jersey.

I

In 2002, Adeyeye pled guilty to possession with intent to distribute approximately one kilogram of a mixture containing heroin, in violation of 21 U.S.C. § 841, and was sentenced to 120 months imprisonment. Shortly thereafter, the Immigration and Naturalization Service 1 lodged a detainer against Adeyeye for possible removal based on his conviction, which it classified as an aggravated felony.

In 2005, Adeyeye, who is presently serving his federal sentence at…