Chico-Polo v. Department of Corrections
Chico-Polo v. Department of Corrections
Opinion of the Court
In this action for mandamus, plaintiff Daulys Chico-Polo appeals as of right the trial court’s order denying his request for mandamus or declaratory relief compelling defendant, the Department of Corrections, to parole and release him to the custody and control of the United States Immigration and Customs Enforcement (ICE) for the purpose of deportation pursuant to MCL 791.234b. Because we conclude that MCL 791.234b does not apply to prisoners serving life sentences, we affirm.
Having exhausted his administrative remedies, Chico-Polo filed a pro se complaint for mandamus or declaratory relief in the trial court on September 19, 2011. In his complaint he alleged that defendant was required to parole and release him to the custody and control of ICE for the purpose of deportation pursuant to MCL 791.234b because he had already served more than half of his statutory minimum of 20 years. His complaint alleged that 20 years was his statutory mini
On October 31, 2011, defendant filed a brief in response to Chico-Polo’s mandamus complaint, arguing that MCL 791.234b was not applicable to prisoners who were serving life sentences. Chico-Polo filed a pro se brief in response to defendant’s brief on November 10, 2011, wherein he argued that the Legislature clearly intended to impose a minimum sentence of 20 years for violation of MCL 333.7401(2)(a)(i). The trial court denied Chico-Polo’s requests for relief in a written opinion, stating:
This Court finds there is nothing in the plain language of [MCL 791.234b] that precludes its application to the present case. Under MCL 791.234(7)(b), a prisoner sentenced to life imprisonment under [MCL 333.7401(2)(a)(i)] is subject to parole board jurisdiction and may be placed on parole after having served ... 20 calendar years. Since this is a statutory minimum, Plaintiff must serve the entire 20 years before being considered for parole and deportation under [MCL 791.234b]. Plaintiff will be parole eligible on July 16, 2017 and would be subject to consideration for deportation under [MCL 791.234b] at that time.
On this basis, the trial court denied Chico-Polo’s request for mandamus. Chico-Polo now appeals the trial court’s order and opinion as of right.
Chico-Polo was convicted of delivering or manufacturing a controlled substance greater than 650 grams, MCL 333.7401(2)(a)(i), and was sentenced to life imprisonment on August 5, 1998.
Issues of statutory interpretation are questions of law that we review de novo. Driver v Naini, 490 Mich 239, 246; 802 NW2d 311 (2011). The goal of statutory interpretation is to discern the intent of the Legislature by examining the plain language of the statute. Id. at
MCL 791.234b provides in pertinent part:
(1) [T]he parole board shall place a prisoner described in subsection (2) on parole and release that prisoner to the custody and control of the United States immigration and customs enforcement for the sole purpose of deportation.
(2) Only prisoners who meet all of the following conditions are eligible for parole under this section:
(a) A final order of deportation has been issued against the prisoner by the United States immigration and naturalization service.[5]
(b) The prisoner has served at least of the minimum sentence imposed by the court.
(c) The prisoner is not serving a sentence for any of the following crimes:
*199 (i) A violation of section 316 or 317 of the Michigan penal code, 1931 PA 328, MCL 750.316 and 750.317 (first or second degree homicide).
(ii) A violation of section 520b, 520c, or 520d of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, and 750.520d (criminal sexual conduct).
(d) The prisoner was not sentenced pursuant to section 10,11, or 12 of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.10, 769.11, and 769.12.
Particularly important to resolution of the issue before us is the language included in MCL 791.234b(2)(b) which provides that in order to be paroled and released to ICE, the prisoner must have “served at least ½ of the minimum sentence imposed by the court.” (Emphasis added.) By requiring that the minimum sentence be imposed by the court, the Legislature essentially excluded prisoners, such as ChicoPolo, who are eligible for parole but serving a life term because at best, the date on which a prisoner would become eligible for parole is fixed by the Legislature pursuant to MCL 791.234 and not imposed by the court. To hold otherwise would render nugatory the plainly stated requirement that the minimum sentence be “imposed by the court.” See Robertson v Daimler-Chrysler Corp, 465 Mich 732, 748; 641 NW2d 567 (2002) (stating that “it is important to ensure that words in a statute not be ignored, treated as surplusage, or rendered nugatory”). Prisoners serving life sentences do not and never will have a minimum sentence imposed by the court. Consequently, even if we were to accept Chico-Polo’s implicit argument that the term of years after which he is eligible for parole is equivalent to a minimum sentence, the Legislature imposed this “minimum sentence,” not the trial court as required by MCL 791.234b(2)(b). Therefore, the plain language of MCL 791.234b(2)(b) excludes prisoners serving life sentences
Further, the conclusion that the Legislature specifically added the requirement that minimum sentences be “imposed by the court” to exclude prisoners who are eligible for parole but serving life sentences is bolstered by the presumption that the Legislature is aware of the existence of all the laws in effect when it enacts new laws. Pittsfield Charter Twp v Washtenaw Co, 468 Mich 702, 713; 664 NW2d 193 (2003). MCL 791.234b was enacted after MCL 791.234. Accordingly, we must assume that the Legislature was aware of the effect of MCL 791.234 on MCL 791.234b.
Therefore, we conclude that the plain language of MCL 791.234b excludes prisoners serving life sentences. Accordingly, because he is serving a life sentence, Chico-Polo is not eligible for parole and deportation pursuant to MCL 791.234b.
Affirmed.
Chico-Polo is not an American citizen, and an order of deportation against him was issued in 2003.
Specifically, Mich Admin Code, R 791.1115(3) provides: “The director or his or her designee may, but is not required to, issue a declaratory ruling when properly requested. Lack of response within 30 days of receipt of the request shall be deemed a denial of the request for a declaratory ruling.”
At the time Chico-Polo was sentenced, MCL 333.7401 required a sentence of life imprisonment for violation of MCL 333.7401(2)(a)(¿). Effective March 1, 2003, the statute was amended to change the amounts of controlled substances in each subsection. Subsection (2)(a)(¿) now
In its brief on appeal defendant also argued that mandamus was not appropriate under the circumstances of this case; however, at oral argument defendant conceded that MCL 791.234b is not discretionary and that if Chico-Polo satisfied the requirements of MCL 791.234b and defendant refused to parole and deport him, mandamus would be appropriate.
5 The functions formerly performed by the Immigration and Naturalization Service, which has been abolished, were transferred to the Department of Homeland Security under Title IV of the Homeland Security Act, PL 107-296, 116 Stat 2135.
We note that MCL 791.234 and MCL 333.7401 were enacted and effective before MCL 791.234b, which did not take effect until April 1, 2011. See 2010 PA 223.
Concurring Opinion
(concurring). I concur in the result. I write separately to address two factors that counsel me toward that decision.
First, I suspect that the issue raised in this appeal is one that the Legislature never considered, and hence it is difficult to discern from the statutory scheme any legislative intent to answer the question before us. That is not a criticism of the Legislature, but merely an observation that legislatures cannot always anticipate factual situations that later may give rise to issues that were not contemplated at the time of the passage of the legislation in question.
As a consequence, we are here faced with two choices, neither of which is optimal, given that both arguably violate a rule of statutory construction. Under the first choice, as the majority notes, a failure to affirm the trial court would render nugatory the plainly stated requirement that the minimum sentence be “imposed by the court.” See Robertson v DaimlerChrysler Corp, 465 Mich 732, 748; 641 NW2d 567 (2002) (“[I]t is important to ensure that words in a statute not be ignored, treated as surplusage, or rendered nugatory.”). Simply put, the trial court imposed no minimum sentence, but instead imposed an indeterminate life sentence with no minimum term. Any deviation that might result from that sentence by way of an earlier release date is purely a creation of the Legislature, and was not “imposed by the court.”
In endeavoring to interpret the language of MCL 791.234b, we are thus left with two imperfect choices. Ultimately, the best choice would be a third one, i.e., for the Legislature to address this issue by way of statutory amendment, and to make plain its legislative intent as applied to the factual situation before us. But such a legislative solution is not currently available to us.
This leads me to the second factor that guides my decision. This matter comes before us on appeal from the denial of a writ of mandamus. The issuance of a writ of mandamus “is an extraordinary remedy.” Citizens Protecting Michigan’s Constitution v Secretary of State, 280 Mich App 273, 284; 761 NW2d 210 (2008). “The plaintiff bears the burden of demonstrating entitlement
To show entitlement to the extraordinary mandamus remedy, a plaintiff must demonstrate that (1) the plaintiff has a clear legal right to performance of the specific duty sought, (2) the defendant has a clear legal duty to perform the act requested, (3) the act is ministerial, and (4) no other remedy exists that might achieve the same result. Tuggle v Dep’t of State Police, 269 Mich App 657, 668; 712 NW2d 750 (2006).
I conclude that plaintiff has not satisfied this burden. At a minimum, and for the reasons noted, I cannot find in the statute a clear legal duty on the part of defendant, or that plaintiff has a clear legal right to the performance of the alleged duty. If anything is clear, it is that the statute is unclear with regard to its application to defendant. Consequently, I am unable to conclude that the trial court abused its discretion by denying plaintiff the requested extraordinary relief of mandamus.
To hold otherwise would require an exercise of mental gymnastics that the majority is not, nor am I, prepared to employ, i.e., that although the trial court imposed no minimum sentence (but rather only an indeterminate life sentence), it was aware at the time of sentencing that the Legislature had adopted truth-in-sentencing laws, making the trial court’s imposition of an indeterminate life sentence, with no mention of any minimum term, the equivalent of the trial court’s “imposing” a minimum sentence of 20 years. By the same token, I am not prepared, as
Plaintiffs alternative request for declaratory relief fails for similar reasons. The grant or denial of declaratory relief is within the sound discretion of the trial court, and we grant the trial court substantial deference when reviewing its decision. MCR 2.605; PT Today, Inc v Comm’r of the Office of Fin & Ins Servs, 270 Mich App 110, 129; 715 NW2d 398 (2006) (“Under the deferential standard of review outlined in MCR 2.605, a reviewing court must affirm the trial court’s decision even if a reasonable person might differ with the trial court in its decision to
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