Villatoro v. Napolitano et al

Filing 22

ORDER to show cause, vacate case management conference. Signed by Judge Thelton E. Henderson on 03/24/11. (tehlc2, COURT STAFF) (Filed on 3/24/2011)

Villatoro v. Napolitano et al

Doc. 22

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

ADLER DARWIN CANO VILLATORO, Petitioner, NO. C10-5875 TEH ORDER TO SHOW CAUSE; ORDER VACATING CASE MANAGEMENT CONFERENCE

JANET NAPOLITANO, Respondent.

United States District Court

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For the Northern District of California

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The Court is in receipt of the parties' joint case management statement filed on March

13 22, 2011, indicating that the mandate will soon issue in Singh v. Napolitano, 619 F.3d 1101 14 (9th Cir. 2010). It appears that Singh bars the pending habeas petition because Petitioner "did 15 not exhaust his available administrative remedies" by "first fil[ing] a motion to reopen with 16 the Board before bringing his habeas petition in district court." Id. at 1105. In the March 22 17 joint statement, Petitioner argued that Singh, which dealt with a claim of ineffective 18 assistance of counsel, does not apply to his petition claiming fraud perpetrated by a former 19 attorney not authorized to practice law. However, in Petitioner's traverse, he argued that his 20 fraud claim constitutes ineffective assistance of counsel. Traverse 8:1-17 (January 24, 2011) 21 (citing Lopez v. INS, 184 F.3d 1097 (9th Cir. 1999)). Accordingly, no later than fourteen (14) 22 days after the issuance of a mandate in Singh, Petitioner is HEREBY ORDERED TO SHOW 23 CAUSE in writing as to why, in light of Singh, his petition should not be dismissed. Unless 24 otherwise ordered, this matter will then be taken under submission. 25 // 26 // 27 // 28 //

Dockets.Justia.com

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The case management conference scheduled for Monday, March 28, 2011, is hereby

2 VACATED. 3 4 IT IS SO ORDERED. 5 6 Dated: 3/24/11 7 8 9 10 THELTON E. HENDERSON, JUDGE UNITED STATES DISTRICT COURT

United States District Court

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For the Northern District of California

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