Mehmood v. US Attorney General et al
ORDER that 1 Application for Leave to Proceed in forma pauperis is DENIED as moot. The Clerk of Court is directed to DETACH and FILE the petition. FURTHER ORDERED that the petition is DISMISSED without prejudice to Mehmood's ability to file a new, separate petition, and a fully complete application to proceed in forma pauperis - including the required financial statements - after he has exhausted his administrative remedies. FURTHER ORDERED that a certificate of appealability is DENIE D. FURTHER ORDERED that 3 Motion to Clarify Indigency Request is DENIED as moot. The Clerk of Court is directed to ENTER JUDGMENT accordingly and CLOSE THIS CASE. Signed by Judge Jennifer A. Dorsey on 4/13/2018. (Copies have been distributed pursuant to the NEF - MMM)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
U.S. Attorney General, et al.,
Order Dismissing Petition and Closing
Case No.: 2:18-cv-00531-JAD-NJK
[ECF Nos. 1, 1-1, 3]
Pro se petitioner Yasir Mehmood petitions for a writ of habeas corpus under 28 U.S.C. §
10 2241, challenging his continued detention by United States Immigration and Customs
11 Enforcement (ICE) with no bond hearing. 1 He also applies to proceed in forma pauperis. 2
When an alien is held in custody under 8 U.S.C. § 1226(a), he is entitled to a bond
13 hearing before an Immigration Judge (IJ) while his petition for review of the removal order is
14 pending. 3 If he is dissatisfied with the IJ’s bond determination, he may file an administrative
15 appeal so that “the necessity of detention can be reviewed by . . . the [Board of Immigration
16 Appeals]” (BIA). 4 If he remains dissatisfied, he may file a petition for habeas corpus in the
17 district court. 5
Mehmood alleges that on February 22, 2018, the BIA remanded his case to the IJ to
19 reconsider his bond request. 6 Mehmood therefore alleges that he has not yet exhausted his
20 administrative remedies. Accordingly, IT IS HEREBY ORDERED that Mehmood’s application
21 to proceed in forma pauperis [ECF No. 1] is DENIED as moot.
ECF No. 1-1.
ECF No. 1.
See Casa-Castrillon v. Dep’t of Homeland Sec., 535 F.3d 942, 951 (9th Cir. 2008).
Prieto-Romero v. Clark, 534 F.3d 1053, 1059 (9th Cir. 2008).
See Singh v. Holder, 638 F.3d 1196, 1200–03 (9th Cir. 2011).
ECF No. 1-1 at 3.
The Clerk of Court is directed to DETACH and FILE the petition [ECF No. 1-1].
IT IS FURTHER ORDERED that the petition is DISMISSED without prejudice to
3 Mehmood’s ability to file a new, separate petition, and a fully complete application to proceed in
4 forma pauperis—including the required financial statements—after he has exhausted his
5 administrative remedies.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
IT IS FURTHER ORDERED that Mehmood’s motion to clarify indigency request [ECF
8 No. 3] is DENIED as moot.
The Clerk of Court is directed to ENTER JUDGMENT accordingly and CLOSE
10 THIS CASE.
Dated: April 13, 2018
_ ______ _ _
District Judge Jennifer A.
st r J
U.S. District Judge Jennifer A Dorsey
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