Nsinano

Nsinano v. Sessions

Good Law
236 F. Supp. 3d 1133·2017 WL 696086
United States District Court, Central District of CaliforniaFebruary 21, 2017Case No. 5:17-cv-00094-VBF (GJS)California2,449 words

Opinion

Lead Opinion

Fairbank, J.

AMENDED ORDER

Dismissing the Section 2241 Habeas Corpus Petition With Prejudice for Lack of Subject-Matter Jurisdiction;

Directing Entry of Separate Judgment

Jason Sinagwana Nsinano (“petitioner”) is a federal immigration detainee being housed in a privately operated federal prison in Adelanto, California. Proceeding pro se, petitioner filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241 (“petition”) against the United States Attorney General 1 on January 19, 2017. See Case Management / Electronic Case Filing System Document (“Doc”) 1. On February 1, 2017, Petitioner filed exhibits in support of the petition (Doc 4). For the reasons that follow, the Court will dismiss this habeas petition with prejudice due to an irremediable lack of subject-matter jurisdiction. The Court will then enter final judgment in favor of the respondent Attorney General accordingly.

Petitioner’s removal proceedings are ongoing and Petitioner has applied for asylum in the United States. Petitioner states that he is eligible for “U” nonim-migrant (“U visa”) classification because he was the victim of identity theft by another prisoner while being housed at the Adelanto facility. He…

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