(HC) Ishibolecho v. Andrews DHS Attorney Gen

Good Law
United States District Court, Eastern District of CaliforniaJune 13, 20241:24-cv-00679California802 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ESPOIRE ISHIBOLECHO, No. 1:24-cv-00679-SKO (HC) Petitioner, ORDER DISMISSING PETITION WITH

LEAVE TO FILE AMENDED PETITION

v. (THIRTY-DAY DEADLINE) ANDREWS, DHS ATTORNEY

GENERAL,

15 Respondent. 16 Petitioner, currently in the custody of the Bureau of Immigration and Customs Enforcement (“ICE”) and proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241. I. PRELIMINARY REVIEW Habeas corpus petitions are subject to summary dismissal pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts. The provisions of Rule 4, which are applicable to § 2241 petitions under Rule 1(b), provide in pertinent part: “If it plainly appears from the petition and any attached exhibits that the petitioner is not entitled to relief in the district court, the judge must dismiss the petition and direct the clerk to notify the petitioner.” The Advisory Committee Notes to Rule 8 indicate that the…

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