Kourteva

ORDER DENYING PETITION FOR A WRIT OF HABEAS CORPUS

INTRODUCTION

This pro se petition for a writ of habeas corpus, brought by a former detainee of the Immigration and Naturalization Service (“INS”) pursuant to 28 U.S.C. § 2241 , challenges an INS removal order against the petitioner. Following an initial review of the complaint, the court found that petitioner stated cognizable claims for relief, ordered respondent to show cause why the petition should not be granted, and denied petitioner’s motion for a stay of removal under 8 U.S.C. § 1252 (f). A subsequent motion for a stay was denied, respondent’s motion to dismiss the petition was denied, and respondent was again ordered to show cause why the petition should not be granted. Respondent has filed a response and petitioner has not filed a traverse.

DISCUSSION

Petitioner, a native of Bulgaria, was admitted to the United States in October 1990. On February 23, 1998, she was convicted of petty theft with a prior and sentenced to two years in prison. Because of this conviction, the INS initiated removal proceedings in 1999 pursuant to 8 U.S.C. § 1227 (a)(2)(A)(iii), which provides for removal of an alien who has been convicted of…