Argueta v. Holder

Filing 4

ORDER: The Motion for Emergency Stay of Removal (ECF No. 1 ) is Denied. The Application to Proceed In Forma Pauperis (ECF No. 2 ) is Denied as moot. The Clerk of Court shall close the case. Signed by Judge William Q. Hayes on 5/2/2014. (All non-registered users served via U.S. Mail Service)(srm)(jrd)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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CARLOS ARGUETA,

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Petitioner,
vs.
ERIC H. HOLDER, Attorney General,

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CASE NO. 14cv1009 WQH
(JLB)
ORDER

Respondent.

14 HAYES, Judge:
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On April 18, 2014, Petitioner Carlos Argueta, proceeding pro se, filed a Motion

16 for Emergency Stay of Removal.1 (ECF No. 1). Petitioner also filed an application to
17 proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a). (ECF No. 2).
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On April 24, 2014, Respondent filed the Response to Motion for Stay of Removal

19 and Notice of Intent to Execute Removal Order On or After May 7, 2014. (ECF No.
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Petitioner alleges that he was charged with “being a native and citizen of El

22 Salvador who entered the United States without admission or parole...” and is currently
23 being detained by the Department of Homeland Security at the El Centro ICE
24 Processing Center. (ECF No. 1 at 2). Petitioner alleges that he was “put on removal
25 proceedings by the DHS-ICE for admitting to ... violating Section [] 212(a)(6)(A)(I) of
26 the [Immigration and Nationality Act] as an alien present in the United States without
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The Clerk’s Office docketed the Motion as a Petition for Writ of Habeas Corpus
under 28 U.S.C. § 2241.
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14cv1009 WQH (JLB)

1 being admitted or paroled....” Id. Petitioner alleges that “... he also sought relief in the
2 form of Asylum and Withholding of Removal.” Id. Petitioner alleges that he was
3 “found to be removable as charged and denied his Asylum application, and ordered to
4 be removed from the United States and deported to his citizen country of El Salvador.”
5 Id.
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Petitioner requests an order from the Court granting a temporary stay of removal

7 while he appeals his removal to the Ninth Circuit Court of Appeals. Id. at 4. Petitioner
8 does not seek release or claim that he is “in custody in violation of the Constitution or
9 laws of the United States.” 28 U.S.C. § 2241. Petitioner cites no jurisdictional statute
10 or other authority which would allow this Court to stay his removal while the Court of
11 Appeals considers his appeal. The Court finds that it does not have jurisdiction over
12 Petitioner’s Motion for Emergency Stay of Removal.
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IT IS HEREBY ORDERED that the Motion for Emergency Stay of Removal

14 (ECF No. 1) is DENIED.
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IT IS FURTHER ORDERED that the Application to Proceed In Forma Pauperis

16 (ECF No. 2) is DENIED as moot.
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The Clerk of Court shall close the case.

18 DATED: May 2, 2014
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WILLIAM Q. HAYES
United States District Judge

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14cv1009 WQH (JLB)