To make effective use of section 3583(d), Federal prosecutors should
ensure
that probation officers have sufficient information to include in
presentence
reports: (1) a statement of the reasons why a particular alien defendant is
deportable and (2) a recommendation that the sentencing court provide as a
condition of supervised release that the defendant be deported and remain
outside
the United States. When the presentence investigation report does not
contain
such a recommendation, the prosecutor should file and/or make such
objections as
are necessary in order to preserve the issue for sentencing and possible
appeal.
At sentencing, the prosecutor should recommend directly to the district
court
that deportation be a condition of supervised release.
A Federal prosecutor prosecuting any alien should inform INS District
Counsel or the designated INS contact as soon as possible after the
defendant is
indicted or charged. Timely coordination with INS will allow INS to provide
information to the probation officer on the deportability of the defendant,
and
to complete deportation proceedings against deportable federal inmates while
they
are serving their sentences.
There may be cases in which, through no fault of the alien, a final
deportation order has not been entered by the time the alien's term of
imprisonment ends and his period of supervised release is scheduled to
begin.
In other cases, an alien prisoner may obtain relief from deportation prior
to the
beginning of his period of supervised release. In these situations, Federal
prosecutors generally should consent to a modification of the terms of
supervised
release, after consultation with INS District Counsel. INS, however, may
choose
to detain an alien who is still subject to deportation.