(HC) Emasealu v. United States

Background 25 Petitioner currently is serving a 111-month sentence imposed by the District Court for the

27 1 The parties have consented to the jurisdiction of the United States Magistrate Judge and this action has been assigned to Magistrate Judge Christopher D. Baker for all purposes. (Doc. Southern District of Texas on April 24, 2017, following Petitioner’s convictions for numerous counts of access device fraud, wire fraud and aggravated identity theft. (See Mot. to Dismiss, Appendix (“Appx.”), Doc. 13-1, at pp. 1-28). In his habeas corpus petition, Petitioner challenges an order of removal entered against him on January 30, 2020 (Appx. At pp. 29-30) on the grounds that the immigration judge misapplied Supreme Court precedent and violated Petitioner’s due process rights. See generally Doc. 1. The Board of Immigration Appeals (BIA) affirmed the order of removal, and Petitioner’s application for review was denied by the Fifth Circuit Court of Appeals. (See id. at pp. 29-35). Jurisdiction In general, a federal prisoner who wishes to challenge the validity or constitutionality of his federal conviction or sentence must do so by…