Martinez-Piedras
Martinez-Piedras v. Immigration & Naturalization Service
Opinion
Opinion
Sabraw, J.
ORDER TRANSFERRING PETITION TO NINTH CIRCUIT COURT OF APPEALS
On July 29, 2004, Petitioner Felix Rafael Martinez-Piedras, a detainee in the custody of the Department of Homeland Security, Bureau of Immigration and Customs Enforcement (“BICE”), proceeding pro se, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 . On October 8, 2004, Petitioner supplemented the petition with an affidavit. Respondent issued its return to the petition on November 19, 2004. On December 22, 2004, Petitioner submitted a traverse. The Court took this matter under submission without oral argument, pursuant to Civ. L.R. 7.1(d)(1). For the reasons discussed below, the Court TRANSFERS the petition to the Ninth Circuit Court of Appeals.
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BACKGROUND
• According to Respondent, Petitioner is a native citizen of Mexico, born May 9, 1961. On March 3, 1983, immigration officials apprehended Petitioner when he sought admission to the United States, via an oral claim of United States citizenship, at the El Paso (Texas) Port of Entry. Petitioner told authorities he was born in Robstown, Texas, on May 9, 1962, making him a United States citizen by birth. An immigration investigator then gave…