Leyva

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 SERGIO LEYVA, Case Nos.: 15CR3033-JLS 20CV0096-JLS Petitioner,

v. ORDER DISMISSING

PETITIONER’S MOTION UNDER

DIANE BARRIOS, FIELD OFFICE

U.S.C. § 2255 TO VACATE, SET

DIRECTOR U.S. DEPARTMENT OF

ASIDE OR CORRECT SENTENCE

HOMELAND SECURITY U.S.

and DENYING CERTIFICATE OF IMMIGRATION AND CUSTOMS

APPEALABILITY

ENFORCEMENT,

17 Respondent. 18 19 20 On January 10, 2020, Petitioner Sergio Leyva filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241. Because the Petition alleges an invalid conviction, this Court dismissed the Petition under 28 U.S.C. § 2241 as improperly pled and directed that the Petition be filed as a Petition under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by Person in Federal Custody. Having now considered the Petition as so

27 It is not clear from the Petition what Petitioner’s custodial status is. The Petition indicates that 28…