Judulang

Judulang v. Chertoff

Good Law

535 F. Supp. 2d 1129·2008 WL 410684·2008 U.S. Dist. LEXIS 10217

United States District Court, Southern District of CaliforniaFebruary 12, 200807CV1414California3,099 words

Opinion

Gonzalez, J.

ORDER GRANTING IN PART PETITION FOR WRIT OF HABEAS CORPUS

Presently before the Court is petitioner Joel Judulang’s petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 . (Doc. No. 1.) For the following reasons, the Court grants the petition in part and orders respondents to provide petitioner with a bail hearing.

BACKGROUND

Factual Background

The parties agree as to the relevant facts. Petitioner, born in the Phillipines, has been a lawful permanent resident of the United States since July 4, 1974. On October 11, 1989, petitioner was convicted of voluntary manslaughter in California state court and sentenced to a six-year suspended sentence. (Respondents’ Opposition, Ex. B.) On June 12, 2003, petitioner was convicted of grand theft in California state court and sentenced to two years and eight months in prison. (Id. Ex. C.)

On July 7, 2005, petitioner was taken into custody by Respondents due to the initiation of removal proceedings. He was charged with deportability pursuant to 8 U.S.C. § 1227 (a)(2)(A)(ii) and (in) which allow the deportation of an alien convicted of an aggravated felony and the deportation of an alien convicted of two or more crimes involving…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.