Gonzalez-Alarcon v. Macias et al

Filing 28

MEMORANDUM OPINION AND ORDER by District Judge Martha Vazquez DISMISSING 1 Petition for 2241 Relief. Accordingly, the Court dismisses Mr. Gonzalez-Alarcon's petition without prejudice. As the Circuit Court outlines in its Opinion, Mr. Gonzalez-Alarcon may pursue judicial review of his citizenship claim in the Fifth Circuit. (gr)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
ABRAHAM ALEJANDRO GONZALEZ
ALARCON,
Petitioner,
v.

No.15-cv-00910 MV/LF

ADRIAN P. MARCIAS, El Paso Field Office
Director, Immigration and Customs
Enforcement, and RONALD WARREN,
Assistant Field Officer Director, Immigration
and Customs Enforcement,
Respondents.

MEMORANDUM OPINION AND ORDER
THIS MATTER comes before the Court on the decision by the Tenth Circuit Court of
Appeals vacating this Court’s dismissal and remanding with instructions to dismiss Mr.
Gonzalez-Alarcon’s habeas petition without prejudice. Gonzalez-Alarcon v. Macias, et al., No.
16-2263, --- F.3d ---, 2018 WL 1371203 (10th Cir. Mar. 19, 2018). Accordingly, the Court
dismisses Mr. Gonzalez-Alarcon’s petition without prejudice. As the Circuit Court outlines in its
Opinion, Mr. Gonzalez-Alarcon may pursue judicial review of his citizenship claim in the Fifth
Circuit.
DATED this 5th day of June, 2018.
__________________________________________
MARTHA VÁZQUEZ
United States District Judge