Usins

Sopan Pok v. United States Immigration & Naturalization Service

Good Law
169 F. Supp. 2d 1194
United States District Court, Southern District of CaliforniaSeptember 26, 20013:00-cr-00804California1,186 words

Opinion

Opinion

Jones, J.

ORDER DENYING PETITIONER’S MOTION TO COMPEL

This matter comes before the Court on Petitioner Sopan Pok’s “Ex Parte Emergency Motion to Compel Respondents to Comply with the District Court’s July 5, 2000 Order, and Release Petitioner.” Respondents filed a response on September 7, 2001. For the reasons set forth below, this Court DENIES Petitioner’s Motion.

BACKGROUND

A. Previous Habeas Petition

The facts are taken from this Court’s July 5, 2000 Order. Petitioner Pok is a Cambodian national who legally entered the United States and resided as a permanent resident. Respondent Immigration and Naturalization Service (“INS”) issued a final order of removal against Petitioner on June 30, 1998, as a result of a criminal conviction. However, because the United States does not have a repatriation agreement with Cambodia, Petitioner could not be removed and remained in INS custody. On July 5, 2000, this Court concluded that there was no reasonable likelihood that Cambodia would allow Petitioner to return in the reasonably foreseeable future. See July 5, 2000 Order. The Court found, pursuant to Ma v. Reno, 208 F.3d 815 , that the INS “does not have the statutory authority to detain...…

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