Dominguez-Rojas v. USA

Filing 15

ORDER sustaining the objection to the Report and Recommendation of the Magistrate Judge as the Order of this Court (Doc. 14 ). Granting Respondent's Motion to Stay Further Proceedings on the Motion to Vacate Sentence (Doc. 9 ). Respondent shall file its answer not later than 30 days after the Supreme Court issues its decision in Dimaya. Signed by Judge Susan R Bolton on 4/25/17.(DXD)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Jose Dominguez-Rojas,
Movant/Defendant,

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v.

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No. CV-16-02179-PHX-SRB (BSB)
CR-06-00381-PHX-SRB
ORDER

United States of America,

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Respondent/Plaintiff.

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Movant, Jose Dominguez-Rojas, filed a Second Amended Motion to Vacate, Set

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Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 on January 5, 2017. On

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February 17, 2017 the United States filed a Motion to Stay Further Proceedings on the

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Motion to Vacate Sentence pending the Supreme Court’s decision in Lynch v. Dimaya,

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No. 15-1498 and the Ninth Circuit’s decision United States v. Begay, No. 14-10080. On

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February 27, 2017 Movant filed a Response to the Motion to Stay.

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The Magistrate Judge filed her Report and Recommendation on March 17, 2017

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recommending that the Motion to Stay be denied and a briefing schedule be set on the
Amended § 2255 motion. On March 30, 2017 the United State filed its Objection to the
Report and Recommendation. The Court is persuaded that a stay pending the Supreme

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Court’s decision in Dimaya is warranted. While Defendant may be entitled to release

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from his current sentence if he prevails on the motion he will have his charges reinstated
and release from detention is not likely in light of his prior detention as a flight risk.

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Moreover, the length of the stay will be brief since Dimaya will likely be decided no later
than June 30, 2017.
IT IS ORDERED sustaining the objection to the Report and Recommendation of

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the Magistrate Judge as the Order of this Court. (Doc. 14)
IT IS FURTHER ORDERED granting Respondent’s Motion to Stay Further
Proceedings on the Motion to Vacate Sentence. (Doc. 9)
IT IS FURTHER ORDERED that Respondent file its answer not later than 30
days after the Supreme Court issues its decision in Dimaya.
Dated this 25th day of April, 2017.

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