In Re: Melania Corcino ( 2012 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 11-1863
    In re:    MELANIA CORCINO,
    Petitioner.
    On Petition for Writ of Prohibition.   (5:05-cr-00260-BO-2)
    Submitted:    January 31, 2012              Decided: February 6, 2012
    Before SHEDD, AGEE, and WYNN, Circuit Judges.
    Petition denied by unpublished per curiam opinion.
    Melania Corcino, Petitioner Pro Se.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Melania Corcino petitions for a writ of prohibition
    seeking an order to stop the enforcement of a detainer lodged
    against her by immigration authorities following the completion
    of    her   federal    sentence.           We       conclude    that     Corcino   is   not
    entitled to relief.
    The writ of prohibition is a drastic remedy and should
    be used only in extraordinary circumstances.                           In re Vargas, 
    723 F.2d 1461
    , 1468 (10th Cir. 1983).                      Further, prohibition relief
    is     available      only    when        the       petitioner     has    a     clear   and
    indisputable right to the relief sought.                        
    Id.
         We have reviewed
    the    petition    and       conclude       that      Corcino     has     not    made   the
    requisite showing for issuance of the writ.                              Accordingly, we
    deny the petition for a writ of prohibition.                             We further deny
    Corcino’s motion for appoinment of counsel and dispense with
    oral    argument      because       the    facts       and     legal    contentions     are
    adequately     presented       in    the        materials      before    the    court   and
    argument would not aid the decisional process.
    PETITION DENIED
    2
    

Document Info

Docket Number: 11-1863

Filed Date: 2/6/2012

Precedential Status: Non-Precedential

Modified Date: 4/17/2021