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BANALES v. HORSLEY

United States District Court, N.D. California


November 23, 2005.

JOAQUIN BANALES, Petitioner,
v.
DON HORSLEY, Sheriff, Respondent.

The opinion of the court was delivered by: CHARLES BREYER, District Judge

ORDER OF DISMISSAL

Joaquin Banales is a pretrial detainee at the San Mateo County Jail facing state criminal drug charges. He is also an alien subject to an INS hold or detainer on his release from state custody.

Banales has filed a petition for a writ of habeas corpus seeking to have the INS set bail and permit him to stay in the United States pending any deportation proceedings.

  The petition is construed as a petition for a writ of habeas corpus under 28 U.S.C. ยง 2241 and is DISMISSED without prejudice because it is premature. See Garcia v. Taylor, 40 F.3d 299, 303 (9th Cir. 1994) (hold or detainer letter alone does not sufficiently place an alien in INS custody to make habeas corpus available).

  The clerk shall close the file and terminate all pending motions as moot.

  SO ORDERED.

20051123

© 1992-2005 VersusLaw Inc.



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