Echeverria-Polanco

Echeverria-Polanco v. Mukasey

Good Law
291 F. App'x 3
United States Court of Appeals for the Ninth CircuitJuly 28, 2008No. 06-72107California740 words

Opinion

Lead Opinion

MEMORANDUM *

On March 14, 2005, Luis Eduardo Echeverria-Polanco filed a habeas corpus petition in which he sought review of an Immigration Judge’s order, which denied him release on bond pending his removal proceedings commenced January 28, 2005. 1 Pursuant to the REAL ID Act, 2 the district court transferred at least a portion of the habeas corpus petition to us, although it also opined that the release on bond issue was moot because Echeverría had already been released. On September 12, 2007, we remanded the main bond release issues to the district court, but left the subsidiary issues for later determination. We now dismiss.

(1) As part of his attack upon the Immigration Judge’s bond determination, Echeverría asserted that his original removal in 1994 was defective, and also sought to challenge the nature and scope of the state convictions that preceded that removal. As we see it, however, those were not separate habeas corpus petitions for review, and were simply part and parcel of his request for review of the bond denial. Therefore, the issues are not properly before us at this time, 3 and simply *5 became moot along with the bond issue itself.

(2) If we did treat the…

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