Llovera Linares v. Department of Homeland Security
MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 3/13/15. (SAC )
2015 Mar-13 AM 11:09
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
RAFAEL ALBERTO LLOVERA
) Case No.: 4:14-cv-00678-KOB-SGC
DEPARTMENT OF HOMELAND
Rafael Alberto Llovera Linares, a detainee of United States Immigrations and
Customs Enforcement proceeding pro se, filed a petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2241. (Doc. 1). On February 13, 2015, the magistrate judge
entered a report recommending that the court dismiss for lack of jurisdiction that portion
of the petition requesting review of the order removing the petitioner to Venezuela and
deny the remaining portion of the petition challenging the petitioner’s continued
detention. (Doc. 14 at 8). The magistrate judge further recommended the court deny
both the petitioner’s motion requesting nunc pro tunc relief (doc. 9) and his motion
seeking a preliminary injunction and “U visa” certification (doc. 10). (Id.). No party has
filed any objections.
Having carefully reviewed and considered de novo all the materials in the court
file, the court ADOPTS the magistrate judge’s report and ACCEPTS her
recommendation. Accordingly, the court finds that the portion of the petition requesting
review of the order removing the petitioner to Venezuela is due to be DISMISSED for
lack of jurisdiction and the remaining portion of the petition challenging the petitioner’s
continued detention is due to be DENIED. Furthermore, both the petitioner’s motion
requesting nunc pro tunc relief (doc. 9) and his motion seeking a preliminary injunction
and “U visa” certification (doc. 10) are due to be DENIED.
The court will enter a Final Order in conformity with this Memorandum Opinion.
DONE and ORDERED this 13th day of March, 2015.
KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE
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