Opinions of the United
2007 Decisions States Court of Appeals
for the Third Circuit
9-13-2007
In Re: Obi
Precedential or Non-Precedential: Non-Precedential
Docket No. 07-3128
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Recommended Citation
"In Re: Obi " (2007). 2007 Decisions. Paper 435.
http://digitalcommons.law.villanova.edu/thirdcircuit_2007/435
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BLD-339 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
NO. 07-3128
________________
IN RE: GEORGE CHUKWUEMEKA OBI, Petitioner
____________________________________
On a Petition for Writ of Mandamus from the
United States District Court for the Middle District of Pennsylvania
(Related to M.D. Pa. Cr. No. 06-cr-00325)
_____________________________________
Submitted Under Rule 21, Fed. R. App. P.
August 9, 2007
Before: MCKEE, FUENTES AND VAN ANTWERPEN, CIRCUIT JUDGES
(Filed: September 13, 2007 )
_______________________
OPINION
_______________________
PER CURIAM
George Chukwuemeka Obi petitions this Court to issue a writ of mandamus
ordering the United States District Court for the Middle District of Pennsylvania to
terminate the services of his defense attorney in an ongoing criminal action against Obi.
We will deny the petition for writ of mandamus.
On September 26, 2006, a federal indictment was returned against Obi in
the Middle District of Pennsylvania. See United States v. Obi, Cr. No. 06-cr-00325. He
was charged for willfully failing and refusing to make a timely application in good faith
for travel and other documents necessary to effectuate his deportation in violation of 8
U.S.C. § 1253(a)(1)(B). The case was assigned to United States District Judge A.
Richard Caputo. Federal Public Defender Hervery B.O. Young, Esq. was appointed to
represent Obi. This criminal action is still ongoing.
Obi filed this petition for writ of mandamus on July 18, 2007, in this Court.
In the petition, Obi requests this Court to order Judge Caputo to terminate Young’s legal
representation so that Ms. Amakari, of the Nigerian Consulate, can represent him. In
support of his petition, Obi cites to the Vienna Convention on Consular Relations, Apr.
24, 1963, art. 36, 21 U.S.T. 77.1
Mandamus is an appropriate remedy only in the most extraordinary of
situations. Sporck v. Peil, 759 F.2d 312, 314 (3d Cir. 1985). To justify such a remedy, a
petitioner must show that he has (i) no other adequate means of obtaining the desired
relief and (ii) a “clear and indisputable” right to issuance of the writ. See Haines v.
Liggett Group, Inc., 975 F.2d 81, 89 (3d Cir. 1992)(citations omitted). In this case, a
competency hearing was held on July 26, 2007, before Judge Caputo. Obi’s legal
representation was also apparently discussed at this hearing. We conclude that Obi has
not shown a “clear and indisputable” right to the issuance of the writ. Specifically, Obi
has not shown that the Nigerian Consulate has agreed to arrange for his legal
1
Article 36, section 1(c) of the Vienna Convention on Consular Relations states that
“consular officers shall have the right to visit a national of the sending State who is in
prison, custody or detention, to converse and correspond with him and to arrange for his
legal representation.”
2
representation.2 Therefore, the petition for writ of mandamus is denied.
2
For the purposes of this opinion, we will assume, without deciding, that Article 36 of
the Vienna Convention on Consular Relations granted Obi enforceable rights which could
be invoked in judicial proceedings. See Sanchez-Llamas v. Oregon, 126 S. Ct. 2669,
2677-78 (2006).
3