Ilchert

ORDER DENYING TEMPORARY RESTRAINING ORDER, PRELIMINARY INJUNCTION, AND WRIT OF HABEAS CORPUS

Petitioner Maria Esther Maldonado de Vasquez filed this action on July 17, 1985, pursuant to § 106(a)(9) of the Immigration and Nationality Act, 8 U.S.C. § 1105a(a)(9). Maldonado de Vasquez seeks a writ of habeas corpus restraining respondent David N. Ilchert, district director of the INS, from deporting her pending a ruling on a motion to reopen deportation proceedings that is currently before the Immigration Judge. Petitioner further seeks release from INS custody without bond pending resolution of that motion.

Petitioner is a citizen of Mexico who entered the United States without inspection in 1976. Following arrest and a deportation hearing, Maldonado de Vasquez was ordered deported on July 24, 1979. Petitioner did not appeal the order of deportation; nor did she apply for a suspension of deportation. In lieu of being deported, petitioner was granted the opportunity to depart voluntarily by December 31, 1979. Maldonado de Vasquez, however, failed to leave the country on the appointed date. Accordingly, on June 12, 1985, the INS served petitioner with a surrender notice ordering her…