Singh v. Ridge et al

Filing 2

ORDER re 1 Petition for Writ of Habeas Corpus filed by Sukhdev Singh. Lacking jurisdiction, Court dismisses w/ prejudice the Petition for Writ of Habeas Corpus. Signed by Judge Irma E. Gonzalez on 8/8/2007. (jah)

Singh v. Ridge et al

Doc. 2

Case 3:07-cv-01365-IEG-WMC

Document 2

Filed 08/08/2007

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SUKHDEV SINGH, vs. Petitioner, CASE NO. 07CV1365 IEG (WMc) ORDER DISMISSING WITH PREJUDICE PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2241 [Doc. No. 1]

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

TOM RIDGE, Secretary of the Department of Homeland Security, et al., Respondents.

On July 25, 2007, Sukhdev Singh ("petitioner") filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 (Doc. No. 1), challenging his detention by respondents Tom Ridge, Secretary, Department of Homeland Security; Alberto R. Gonzales, Attorney General; Carol Lam, Director of the Bureau of Immigration and Customs Enforcement's San Diego Field Office; and Roberto Rillamas, Officer-in-Charge (collectively, "respondents"). The Court has received the petition and finds the matter is appropriate for summary disposition. An Immigration Judge ordered petitioner removed to India, where petitioner is a citizen. The Board of Immigration Appeals denied petitioner's appeal, and petitioner has appealed that denial to the Ninth Circuit Court of Appeals. (Petition, at 6.) Petitioner challenges his detention pending the appeal of the removal order. (Id. at 7.) Pursuant to 8 U.S.C. § 1252(b)(9), this Court lacks jurisdiction over a § 2241 petition to review "all questions of law and fact, including interpretation and application of constitutional and statutory provisions, arising from any -1-

07CV1365

Dockets.Justia.com

Case 3:07-cv-01365-IEG-WMC

Document 2

Filed 08/08/2007

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action taken or proceeding brought to remove an alien[.]" See Nadarajah v. Gonzales, 443 F.3d 1069, 1075-76 (9th Cir. 2006) (confirming that § 1252(b)(9) eliminates federal habeas corpus jurisdiction over final orders of removal). Petitioner's due process challenge to his detention during the pendency of his appeal of the removal order is a constitutional question "arising from" removal proceedings. Petitioner can raise his constitutional claims in the appeal already pending before the Ninth Circuit. 8 U.S.C. § 1252(a)(2)(D); Rafaelano v. Wilson, 471 F.3d 1091, 1096 (9th Cir. 2006). Lacking jurisdiction, the Court DISMISSES WITH PREJUDICE the petition. IT IS SO ORDERED.

DATED: August 8, 2007

IRMA E. GONZALEZ, Chief Judge United States District Court

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07CV1365