Corvera-Yong
Corvera-Yong v. Fasano
Opinion
Opinion
Houston, J.
ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS
On August 18, 2003, Petitioner filed a petition for writ of habeas corpus seeking relief under 28 U.S.C. § 2241 and a request to stay removal. District Judge Jeffrey T. Miller granted the immediate stay of removal and set a briefing schedule for the petition. Respondent filed a return on September 28, 2003. Petitioner did not file a traverse.
BACKGROUND
The following background facts are taken from the petition and áre not disputed by Respondent. Petitioner, a citizen of Mexico, entered the United States without inspection in November 1988. On December 6, 1996, Petitioner submitted to the Immigration and Naturalization Service (“INS”) to be placed in deportation proceedings, with the intent to seek suspension of deportation pursuant to § 244 of the Immigration and Nationality Act (“INA”). Petitioner was placed in removal proceedings on February 3,1999. On May 22, 2000, Petitioner appeared at an immigration hearing and requested suspension of deportation under § 244 of the INA. The immigration judge denied her request, but granted her voluntary departure. Petitioner filed a notice of appeal with the Board of Immigration Appeals…