Maldonado

Maldonado v. Fasano

Good Law

67 F. Supp. 2d 1170·1999 WL 343423·1999 U.S. Dist. LEXIS 7982

United States District Court, Southern District of CaliforniaMay 21, 19993:99-cv-00880California6,543 words

Opinion

Whelan, J.

ORDER DISMISSING PETITION FOR WRIT OF HABEAS CORPUS; TERMINATING CASE FOR LACK OF SUBJECT MATTER JURISDICTION

I. INTRODUCTION

On April 29, 1999 petitioner Ramon Maldonado filed a writ of habeas corpus arising under 28 U.S.C. § 2241 . On May 12, 1999 petitioner filed an application for a temporary restraining order (“TRO”) seeking to stay his deportation pending resolution of petitioner’s writ. On May 13, 1999 the government opposed petitioner’s TRO request and petitioner’s request for habeas relief. Both parties are represented by counsel. For the reasons expressed below, petitioner’s request for a stay of deportation is DENIED AS MOOT and his petition for a writ of habeas corpus is DISMISSED for lack of subject matter jurisdiction.

II. BACKGROUND

Petitioner is a native and citizen of Mexico who was lawfully admitted to the United States on May 25, 1972. On December 17, 1996 petitioner was convicted of infliction of corporal punishment to a spouse with an enhancement due to a prior violation and sentenced to two years in custody. On February 11, 1998 petitioner was released from criminal custody. On February 12, 1998 petitioner was placed in removal proceedings by the INS…

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