Rodriguez

PROCEEDINGS: (IN CHAMBERS) ORDER DENYING MOTION FOR INTERVENTION OF MINOR CHILD ERICK RODRIGUEZ

On September 24, 2003, Erick Rodriguez, petitioner’s minor child, through a guardian ad litem, filed a notice of motion and motion to intervene under Rule 24 and lodged an application to appoint Otoniel Solis (his uncle) as guardian ad litem for the intervention and a complaint in intervention. The Court afforded the proposed intervenor and the parties an opportunity to file supporting or opposing memoranda; however, on October 8, 2003, Erick refiled the previously filed documents. Respondents tardily filed an opposition to the motion on October 28, 2003, and proposed intervenor filed a reply on October 29, 2003.

Oral argument was held before Magistrate Judge Rosalyn M. Chapman on October 29, 2003. Jaime Jasso, attorney-at-law, appeared on behalf of the proposed intervenor and petitioner, and Kathryn M. Ritchie, Assistant United States Attorney, appeared on behalf of respondents.

BACKGROUND

On May 29, 2003, petitioner Juan Almar-az Rodriguez filed a federal habeas petition under 28 U.S.C. § 2241 challenging respondents’ final order removing him from the United States and an…