Napolitano

ORDER GRANTING PETITIONER’S AMENDED PETITION FOR WRIT OF HABEAS CORPUS

Pending before the Court is Petitioner’s Amended Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 . For the following reasons, Petitioner’s writ of habeas corpus is granted and a conditional writ of habeas corpus is issued.

I.

BACKGROUND

Petitioner is a native and citizen of the Republic of the Philippines. (First Amended Petition for Writ of Habeas Corpus (“Pet.”) at 2.) He was admitted to the United States as a lawful permanent resident in 2004 and is married to a United States citizen with whom he has a son. (Id.) In 2007, Petitioner was convicted of a violation of California Penal Code § 273.5(a) for willful infliction of corporal injury and was sentenced to two years in prison. (Id.) Following completion of the term prescribed by law for his criminal conviction, Petitioner was transferred to Respondents’ custody. (Id.) Petitioner was placed in removal proceedings in 2008 and, on December 17, 2008, was ordered removed based upon his conviction for an aggravated felony. (Id.) Petitioner appealed the removal determination to the Board of Immigration Appeals (“BIA”), which affirmed the…