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United States of America v. Aka Carlos Daniel Gonzalez-Jesus Humberto Cardenas-Nava

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


May 11, 2011

UNITED STATES OF AMERICA,
PLAINTIFF/RESPONDENT,
v.
AKA CARLOS DANIEL GONZALEZ-JESUS HUMBERTO CARDENAS-NAVA DEFENDANT/PETITIONER.

The opinion of the court was delivered by: Oliver W. Wanger United States District Judge

GARCIA,

ORDER DENYING MOTION TO REOPEN CASE (Doc. 379)

On May 2, 2011, Jesus Humberto Cardenas-Nava ("Petitioner") sent a letter to the court seeking political asylum, re-sentencing, enlargement of time to file an appeal, appointment of counsel, and the re-opening his case. The court docketed Petitioner's letter as a motion. (Doc. 379).

Petitioner previously sought the same type of relief requested in his letter in a motion filed on October 4, 2010. (Doc. 374). The court denied Petitioner's motion in a Memorandum Decision and Order entered on October 14, 2010. (Doc. 375). As the Memorandum Decision advised Plaintiff, the court may not grant Petitioner any of the relief he seeks:

Pursuant to the Plea Agreement, Petitioner waived his right to appeal and his right to collaterally attack his conviction or sentence pursuant to 28 U.S.C. §§ 2241 or 2255...

Political asylum is governed by 8 U.S.C. § 1158 and 8 U.S.C. § 1225(b) and is determined by the Secretary of Homeland Security or the Attorney General of the United States. This Court has no authority to grant political asylum to Petitioner. Because political asylum was not part of Petitioner's plea agreement and cannot be part of the sentence imposed by the Court, this Court has no legal basis to hear or consider Petitioner's motion. (Doc. 375 at 2-4).

To the extent Petitioner has any legally tenable claims, he must assert them in accordance with applicable statutes. Letters addressed to the court are not sufficient.

ORDER

For the reasons stated, IT IS ORDERED:

1) Petitioner's motion is DENIED; and

2) The clerk of court is DIRECTED to re-serve on Petitioner a copy of the Memorandum Decision entered October 14, 2010. (Doc. 375).

IT IS SO ORDERED.

20110511

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