In Re: Melania Corcino

• Court: Court of Appeals for the Fourth Circuit
• Decided: February 6, 2012
• Docket: 11-1863
• Status: Unpublished

Opinion

UNPUBLISHED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Petition denied by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.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