Guerrero-Jiron

Guerrero-Jiron v. Schiltgen

Good Law
926 F. Supp. 936·1996 WL 160820·1996 U.S. Dist. LEXIS 11086
United States District Court, Northern District of CaliforniaMarch 19, 1996No. C 96-0811 SBACalifornia1,517 words

Opinion

lead Opinion

Armstrong, J.

ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

Petitioner brings the above captioned action seeking a stay of deportation until September 4,1997. Having read and considered the papers submitted by the parties, and being fully informed, the Court DENIES the petition for a writ of habeas corpus.

BACKGROUND

Petitioner is a native and citizen of Nicaragua. She is presently living in this country with her husband, who is also a citizen of Nicaragua, and their five children, four of whom are United States citizens. She last entered the country illegally on August 13, 1989. On August 15, 1989, the Immigration and Naturalization Service (“INS”) issued an order to show cause why she should not be deported. Petitioner conceded deportability, but sought political asylum. On April 25, 1991, her petition for asylum was denied. She made a timely appeal to the Board of Immigration Appeals (“BIA”), and then to the Ninth Circuit, each of which denied her claim.

Petitioner was ordered to surrender for deportation on March 4, 1996. On February 22, 1996, she applied to the INS District Director (“DD”) for a stay of deportation, and for deferred action. The Deputy District Director (“DDD”)…

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