Martinez Zaldivar v. Chertoff et al
Filing
9
ORDER by Judge Jeffrey S. White denying 8 Motion to Stay (jswlc1, COURT STAFF) (Filed on 12/18/2006)
<![CDATA[
Martinez Zaldivar v. Chertoff et al
Doc. 9
Case 3:06-cv-07683-JSW
Document 9
Filed 12/18/2006
Page 1 of 2
1 2 3 4 5 6 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 10 Petitioner, GREGORIO PASCUAL MARTINEZ ZALDIVAR, No. C 06-07683 JSW v. 12 MICHAEL CHERTOFF, et al.,
For the Northern District of California
IN THE UNITED STATES DISTRICT COURT
United States District Court
11 ORDER DENYING MOTION FOR STAY PENDING APPEAL /
13 Respondents. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On December 14, 2006, Petitioner Gregorio Pascual Martinez Zaldivar ("Petitioner") filed a petition for writ of habeas corpus, or in the alternative, order to show cause, and motion for emergency stay of execution and application for a temporary restraining order. Petitioner seeks an order staying his detention and removal to Mexico pursuant to the order of removal issued by the Board of Immigration Appeals. On December 15, this Court issued an order dismissing the petition for lack of jurisdiction. Later that same day, Petitioner filed a notice of appeal, appealing this Court's dismissal to the Ninth Circuit. On December 17, 2006, Petitioner filed a motion for an emergency stay of execution and application for temporary stay pending ruling of appeal. For the same reasons stated in the order dismissing this petition, this Court lacks jurisdiction to enter a stay. In addition, the Petitioner's filing of a notice of appeal divested this Court of any jurisdiction. See McClatchy Newspapers v. Central Valley Typographical Union No. 46, Intern. Typographical Union 686, F.2d 731, 734
Dockets.Justia.com
Case 3:06-cv-07683-JSW
Document 9
Filed 12/18/2006
Page 2 of 2
1 2 3 4 5 6 7 8 9 10
(9th Cir. 1982) ("The filing of a notice of appeal generally divests the district court of jurisdiction over the matters appealed.") IT IS SO ORDERED.
Dated: December 18, 2006 JEFFREY S. WHITE UNITED STATES DISTRICT JUDGE
United States District Court
11 12
For the Northern District of California
13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
