Leyva

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 SERGIO LEYVA, Case No.: 20-CV-81 JLS (AHG)

Petitioner,

ORDER (1) DISMISSING PETITION

v. FOR WRIT OF HABEAS CORPUS

PURSUANT TO 28 U.S.C. § 2241,

DIANE BARRIOS, Field Office Director;

AND (2) DIRECTING CLERK OF

U.S. DEPARTMENT OF HOMELAND

COURT TO OPEN NEW CASE

SECURITY; U.S. IMMIGRATION AND

UNDER 28 U.S.C. § 2255

CUSTOMS ENFORCEMENT,

Respondents. (ECF No. 1) 18 Presently before the Court is Petitioner Sergio Leyva’s Petition for a Writ of Habeas Corpus Under U.S.C. § 2241 (“Pet.,” ECF No. 1). Petitioner is challenging the “[v]alidity of [a guilty] plea based on ineffective assistance of counsel” in United States v. Leyva, No. 15-CR-3033 JLS-2 (S.D. Cal. filed Dec. 8, 2015), id. at 3, specifically counsel’s “failure to advise of immigration consequences of plea.” Id. at 7. Although Petitioner claims that he is not “challenging the…