Wolf

Romero Romero v. Wolf

Good Law
United States District Court, Northern District of CaliforniaJanuary 26, 20213:20-cv-08031California3,928 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 NECTALI ULISES ROMERO ROMERO, Case No. 20-cv-08031-TSH

Petitioner,

ORDER RE: PETITION FOR A WRIT

v. OF HABEAS CORPUS

CHAD F. WOLF, et al., Re: Dkt. No. 1 Respondents.

12 I. INTRODUCTION Petitioner Nectali Ulises Romero-Romero has been in the custody of the Department of Homeland Security’s Immigration and Customs Enforcement (“DHS”) for more than a year. He was charged with removability based on a prior conviction that qualifies as an aggravated felony. See 8 U.S.C. § 1226(c)(1)(B). Petitioner claims that he is being improperly detained under the mandatory detention provisions of the Immigration and Nationality Act, in violation of his Fifth Amendment right to due process. He filed a Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 ordering his release or, alternatively, a hearing on whether his continued detention is justified. ECF No. 1. Respondents filed a Return, ECF No. 10,…

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