Ponte v. USA

Filing 8

Judge George A. OToole, Jr: ORDER entered denying 6 First MOTION for Preliminary Injunction Emergency Motion for Stay of Removal (Danieli, Chris)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 12-12344-GAO
JUAN SOUSA PONTE, a/k/a JOHN S. PONTE,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

ORDER
January 23, 2013

O’TOOLE, D.J.
The petitioner, Juan Sousa Ponte, filed a petition for writ of error coram nobis, alleging
ineffective assistance of counsel concerning his entry of a guilty plea to a criminal information in
1997. He is scheduled to be removed from the United States to Portugal on January 24, 2013,
and now seeks a stay of removal. However, under 8 U.S.C. § 1252(g), “no court shall have
jurisdiction to hear any cause or claim by or on behalf of any alien arising from the decision or
action by the Attorney General to commence proceedings, adjudicate cases, or execute removal
orders against any alien under this chapter.” This Court lacks jurisdiction to grant the relief
sought. Therefore, the petitioner’s emergency motion (dkt. no. 6) for stay of removal is
DENIED.
It is SO ORDERED.
/s/ George A. O’Toole, Jr.
United States District Judge