Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Jose Angel Gonzalez-Galindo v. Janet Napolitano

December 1, 2010

JOSE ANGEL GONZALEZ-GALINDO,
PETITIONER,
v.
JANET NAPOLITANO, SECRETARY, DEPARTMENT OF HOMELAND SECURITY (DHS), ERIC HOLDER, U.S. ATTORNEY GENERAL, U.S. DEPARTMENT OF JUSTICE (DOJ), JOHNNY WILLIAMS, FIELD OFFICE DIRECTOR FOR IMMIGRATION AND CITIZENSHIP ENFORCEMENT (ICE), RESPONDENTS.



The opinion of the court was delivered by: Hayes, Judge:

ORDER

The matter pending before the Court is Petitioner Jose Angel Gonzalez-Galindo's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. §2241; 28 U.S.C. §1651, filed simultaneously with Petition for Writ of Prohibition and/or Mandamus. (ECF No. 1).

ALLEGATIONS OF PETITION

On May 24, 1996, Petitioner became a lawful permanent resident of the United States. On February 22, 2001, Petitioner pleaded guilty to the crime of sale or transportation of marijuana in violation of California Health & Safety Code §11360(a) and the court entered judgment including a sentence of 365 days.

On December 9, 2009, the U.S. Department of Homeland Security arrested Petitioner and detained him in Lancaster, California. On January 7, 2010, Petitioner was served with a Notice to Appear which asserted that he was subject to removal.

On December 15, 2009, the immigration court held a bond hearing and on December 28, 2009, Petitioner was denied bond because Petitioner was found to be an aggravated felon and subject to mandatory detention.

On January 7, 2010, Petitioner appeared before the immigration court. "Although counsel was prepared to [file] the appropriate paperwork, the Court would not accept the pleadings at that time and set another date for March [9], 2010 . . . ." (ECF No. 7 at 3).

On March 9, 2010, the immigration court granted Petitioner's motion to change venue and Petitioner filed an application for cancellation of removal, an application for asylum, and a motion to terminate the removal proceedings.

On June 17, 2010, Petitioner's request for administrative bond was summarily denied via a letter from Immigration and Customs Enforcement ("ICE"). On August 11, 2010, Petitioner's second request for administrative bond was again summarily denied via a letter from ICE.

Petitioner's July 22, 2010, hearing date was moved to September 28, 2010, on the court's motion. On September 28, 2010, the Immigration Judge ("IJ") found that Petitioner was subject to removal and denied Petitioner's motion for asylum, but "[since] the IJ did not have time to address Petitioner's Cancellation of Removal application, he set a new hearing date for March 31, 2011 - six months in the future." (ECF No. 7 at 4). During oral argument the parties stated that Petitioner's hearing date of March 31, 2011 had been advanced to January 19, 2011.

DISCUSSION

I. Jurisdiction

Petitioner contends that "this Court [should] issue a Writ of Prohibition and/or Mandamus and order DHS/ICE to terminate their removal proceedings against Petitioner." (ECF No. 1-1 at 12). Petitioner contends, "the IJ does not have the authority to address constitutional issues, [therefore, Petitioner] should not have to wait until exhausting all of his remedies through the Immigration Court, Board of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.