Santiago

Santiago v. United States Immigration & Naturalization Service

Good Law
134 F. Supp. 2d 1102·2001 WL 311231·2001 U.S. Dist. LEXIS 3626
United States District Court, Northern District of CaliforniaMarch 26, 2001C-00-4737 VRWCalifornia1,110 words

Opinion

Opinion

Walker, J.

ORDER

Petitioner seeks a stay of his deportation to the Philippines. For the reasons that follow, the petition is DISMISSED without prejudice.

I

Petitioner entered the United States as a crewman on or about March 22, 1991. Petitioner had permission to stay 29 days but he remained longer. On September 24, 1992, petitioner filed an application for political asylum. The application was denied on March 24,1994.

On August 23, 1994, petitioner was convicted of committing a lewd act with a child and of sodomy with a person under the age of 14, in violation of California Penal Code sections 288(A) and 286(C), respectively. The Immigration and Naturalization Services (INS) issued petitioner a Notice to Appear (NTA) on June 6, 1998, based on his conviction of an aggravated felony and his overstay. On August 24, 1998, petitioner was ordered removed. That decision became final when petitioner waived an appeal.

Petitioner filed a motion to reconsider his removal order on September 1, 1998. The motion was denied by the immigration judge on September 3, 1998. That day, petitioner filed an emergency stay application with the Ninth Circuit. The applica tion was denied for lack of…

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