Gutierrez

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

Before the Court is the habeas corpus petition filed by Marcos Antonio Quiroz Gutierrez pursuant to 28 U.S.C. § 2241 challenging his detention without bond, under § 236(c) of the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1226 (c), the mandatory detention provision. Pet., ECF No. 1. The Court will deny the petition.

I. BACKGROUND

Petitioner is a native and citizen of Mexico. He was convicted of misdemeanor grand theft in violation of California Penal Code § 487(A) and of obstruction of a public officer in violation of § 148(a)(1) on March 6, 2008. Pet., Ex. B. He was sentenced to twenty-four months of probation, ninety days in either jail or a work release program, restitution in the amount of one hundred dollars, a fíne of twenty dollars, and community service. Petitioner declined the work release program and was ordered to serve ninety days of electronic confinement in June 2008. During Petitioner’s electronic confinement, U.S. Immigration and Customs Enforcement (“ICE”) initiated removal proceedings. Petitioner was ordered removed by an Immigration Judge pursuant to stipulation on September 10, 2008. ECF No. 6-1, Exs.…