Martinez-Jaramillo
Martinez-Jaramillo v. Thompson
Opinion
Lead Opinion
MEMORANDUM *
Victor Martinez-Jaramillo brought this habeas corpus petition in district court pursuant to 28 U.S.C. § 2241 . In the petition, Martinez alleges that the Immigration Judge (“IJ”) denied him due process by failing to properly consider mitigating evidence at his bail hearing. The district court denied the habeas petition, and Martinez timely appealed. We have jurisdiction under 28 U.S.C. § 1291 . We review a district court’s denial of a habeas petition de novo. Singh v. Ashcroft, 351 F.3d 435, 438 (9th Cir.2003). We affirm.
BACKGROUND
On September 20, 2002, the Immigration and Naturalization Service 1 (“INS”) served Martinez with a Notice to Appear. The notice alleged that Martinez was removable (deportable) pursuant to 8 U.S.C. § 1227 (a)(2)(A)(ii) (relating to convictions for “two or more crimes involving moral turpitude, not arising out of a single scheme of criminal misconduct”) and 8 U.S.C. § 1227 (a)(2)(A)(iii) (relating to conviction for an aggravated felony), based on two California convictions — one for commercial burglary in violation of California Penal Code § 459 and another for petty theft with priors in violation of California Penal Code § 666.