May
May v. Chertoff
Opinion
Opinion
Gonzalez, J.
ORDER DIRECTING PETITIONER’S RELEASE UNDER APPROPRIATE CONDITIONS OF SUPERVISION
INTRODUCTION
Presently before the Court is Petitioner Eparama Mau’s Motion to Amend and a Supplement to the Motion to Amend Judgment. While finding insufficient grounds to amend the prior judgment, the Court, interpreting the Supplement as a Motion for the Court to Enforce its Prior Order, GRANTS the Motion and ORDERS that Petitioner, Eparama Mau, be released under appropriate conditions of supervision.
BACKGROUND
I. Factual Background
i. Prior Proceedings
Petitioner is a native and citizen of Fiji. He entered the United States in March 2001 as a non-immigrant B-2 visitor for pleasure with authorization to remain in the United States until September 14, 2001. He subsequently'remained in the United States beyond this date without authorization.
On March 16, 2004, while on probation for a previous conviction for driving under the influence, Petitioner was convicted of violating California Vehicle Code § 23153(b) for Driving Under the Influence with Bodily Injury and was sentenced to 16 months’ imprisonment. On September 16, 2004, Immigration and Customs Enforcement initiated removal proceedings…