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1925

Deportation as a Condition of Supervised Release -- the Situation in the Eleventh Circuit

Because the Eleventh Circuit took a different view of section 3583(d) in Chukwura, and because the Supreme Court denied review, district courts within the circuit are not barred by circuit law from ordering deportation as a condition of supervised release, independent of the Attorney General's authority under the INA. Because Chukwura does not require imposition of such an order, however, the question will arise only when a district court provides for deportation as a condition of supervised release and further seeks, sua sponte, to order deportation without regard to the Attorney General's invocation of procedures under the INA.

In light of the Department's position, prosecutors in United States Attorney's Offices in the Eleventh Circuit should not recommend -- and indeed should oppose -- a sentencing court's entering of an order providing for deportation as a condition of supervised release, to the extent the court's order would itself require that the alien be deported.

[cited in USAM 9-73.500]