Tinoco

Tinoco v. Ridge

Good Law

359 F. Supp. 2d 1042·2005 WL 535362·2005 U.S. Dist. LEXIS 7352

United States District Court, Southern District of CaliforniaMarch 3, 200504 CV 2501-DMS(JFS), 04 CV 2502-DMS(JFS), 04 CV 2523-DMS(JFS)California6,380 words

Opinion

Sabraw, J.

ORDER: (1) CONFIRMING JURISDICTION; (2) DENYING PETITION-IN-PART; AND (3) ORDERING ADDITIONAL BRIEFING

The Court now considers Petitioner Luis A. Tinoco’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 . Petitioner, who brings this case pro se, is currently in the custody of the Department of Homeland Security (“DHS”), and has been ordered removed from the United States to his native country of Nicaragua. For the reasons discussed below, the Court confirms it has jurisdiction over this matter, denies the petition in part, and orders additional briefing on the remainder of the petition.

I. BACKGROUND

According to Respondents, Petitioner is a 62 year old native citizen of Nicaragua, who illegally entered the United States in July of 1985. Since that time, Petitioner has allegedly remained in this country without lawful status.

On August 30, 2002, Petitioner was convicted in the Los Angeles County Superior Court for selling or furnishing methamphetamine, in violation of Cal. Health & Safety Code § 11379 (a). Petitioner appealed his conviction, which was affirmed on January 28, 2004, by the California Court of Appeal, Second Appellate District. The California…

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