Horvath v. Kang

Filing 19

ORDER by Judge William Alsup denying 15 Motion to Stay (Attachments: # 1 Certificate of Service) (dt, COURT STAFF) (Filed on 12/23/2010)

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Horvath v. Kang Doc. 19 1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California KATALIN HORVATH, Petitioner, vs. J. MARK KANG, Respondent. / No. C 10-4699 WHA (PR) ORDER DENYING MOTION TO STAY 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner, a detainee of the United States Department of Immigration and Customs Enforcement ("I.C.E."), filed this pro se petition for writ of habeas corpus pursuant to 28 U.S.C. 2241 in which she challenges an order of removal. Respondent was ordered to show cause why the petition should not be granted and a stay of removal ordered. Respondent filed a response. Because the copy of the Order to Show Cause mailed to petitioner was returned as undeliverable with an indication that petitioner was not at the address last provided to the court, the petition was ruled upon without waiting for petitioner's traverse. Petitioner has since filed a traverse, a supplemental brief, and a supplemental motion for a stay. The petition was dismissed because judicial review of all removal orders lies exclusively in the court of appeals, not the district court. 8 U.S.C. 1252(a). Nothing in the traverse and other supplemental papers petitioner has filed herein alters this conclusion. Petitioner currently has a case pending before the Bureau of Immigration Appeals. As Dockets.Justia.com 1 2 3 4 5 6 7 8 9 10 explained in the dismissal order, the proper procedure for her to challenge her removal is to file a petition for review of the B.I.A.'s decision once it is rendered, not a habeas petition, in the United States Court of Appeals for the Ninth Circuit. See ibid. The supplemental motion for a stay (docket number 15) is DENIED. She may seek a stay from the Ninth Circuit in conjunction with her petition for review of the B.I.A.'s decision. IT IS SO ORDERED. Dated: December 23 , 2010. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 G:\PRO-SE\WHA\HC.10\HORVATH4699.STY.wpd

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