Barocio-Mendez
Barocio-Mendez v. Warden of Immigration Detention Facility
Opinion
Trial Court Opinion
I. INTRODUCTION
10 This action was reassigned from a magistrate judge to the undersigned in light of a recent Ninth Circuit decision. Petitioner has filed a pro se petition for a writ of habeas corpus under 28 12 U.S.C. § 2241 challenging his ongoing detention by the United States Immigration and Customs 13 Enforcement (“ICE”) at the Mesa Verde ICE Processing Facility in Bakersfield, California. He 14 has paid the full filing fee. Dkt. 1. He also seeks appointment of counsel, a stay of removal, and 15 leave to proceed in forma pauperis (“IFP”) under 28 U.S.C. § 1915. Dkts. 3-5. Because 16 Petitioner has paid the $5.00 filing fee, his IFP application is DENIED as moot. Dkt. 3.
II. BACKGROUND
18 Petitioner was born in Mexico, admitted into the United States on or about 1977, and is not 19 a citizen of the United States. On an unstated date, petitioner was convicted of attempted murder. 20 Beginning on May 29, 2018, ICE “refuse[d] to establish a bond” due to his aforementioned 21 criminal conviction. Petitioner has since remained in ICE custody without bond. On or about 22 August 24, 2018, an Immigration Judge ordered Petitioner removed from the United…