Jennings

Martinez Franco v. Jennings

Good Law
United States District Court, Northern District of CaliforniaApril 24, 20203:20-cv-02474California2,809 words

Opinion

Trial Court Opinion

I. BACKGROUND

23 Martinez Franco is a thirty-three-year old native and citizen of Mexico. Martinez Franco 24 Decl. (dkt. 3-1 Ex. A) ¶¶ 1, 5. He has a number of criminal convictions, several of which are drug 25 related. Id. ¶ 10. 26 On September 27, 2017, Martinez Franco was detained by ICE. Id. ¶ 1. He represented 27 himself pro se in the ensuing removal proceedings, in which he sought cancellation of removal. Id. ¶ 13. The Immigration Judge denied cancellation and the Board of Immigration Appeals affirmed, entering a final order of removal on August 27, 2018. BIA Decision (dkt. 3-1 Ex. C). Martinez Franco then filed a petition for review with the Ninth Circuit. That petition remains pending. Dkt. for Case No. 18-72479 (dkt. 3-1 Ex. D). Removal was stayed pending the Ninth Circuit’s decision. See id.; see also Ninth Circuit General Order 6.4(c). Martinez Franco remains in detention at the Mesa Verde Detention Facility. Martinez Franco Decl. ¶ 1. He sought a bond hearing on March 16, 2020, but the Immigration Judge ruled that she lacked jurisdiction to set bond under Jennings v. Rodriguez, 138 S. Ct. 830 (2018). IJ Decision…

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