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Lara-Saavedra v. Sessions

United States District Court, D. Minnesota

February 12, 2019

FRANCISCO LARA-SAAVEDRA, Petitioner,
v.
JEFFERSON BEAUREGARD SESSIONS, III, Attorney General; et al, Respondents.

          Francisco Lara-Saavedra, pro se.

          Pamela Marentette, Assistant United States Attorney, Counsel for Respondents.

          MEMORANDUM OF LAW & ORDER

          Michael J. Davis United States District Judge

         I. INTRODUCTION

         This matter is before the Court on Petitioner Francisco Lara-Saavedra's Motion for Emergency Temporary Restraining Order or Preliminary Injunction. [Docket No. 11] Because the Court has no jurisdiction, the motion is denied without prejudice, the matter is transferred to the Eighth Circuit Court of Appeals, and the hearing that was set for Wednesday, February 13, 2019, is cancelled.

         II. BACKGROUND

         A. Factual Background

         Petitioner Francisco Lara-Saavedra is a Mexican citizen and entered the United States illegally at an unknown time. (Second Wright Decl. ¶ 4.) Immigration and Customs Enforcement (“ICE”) took Petitioner into custody on April 24, 2018, and he was ordered detained without bond. (First Wright Decl. ¶ 5.)

         On June 22, 2018, Petitioner applied for U-visa (the crime victim visa), and his application is still pending. (Second Wright Decl. ¶ 7.) On August 7, 2018, the Immigration Judge denied all relief from removal and ordered Petitioner removed to Mexico. (Second Wright Decl. ¶ 8.) On August 29, 2018, he filed a notice of appeal of the Immigration Judge's order to the Board of Immigration Appeals (“BIA”). (Id.; Second Wright Decl., Ex. A.) Petitioner argued that his removal proceedings should be closed due to his pending U-Visa application and that his immigration attorney was ineffective before the Immigration Judge.

         B. Procedural History

         On October 22, 2018, Petitioner filed this pro se § 2241 habeas petition against the Attorney General, the Secretary of the Department of Homeland Security, the Acting Director of ICE, the Director of the St. Paul Field Office of ICE, and the Sheriff of Freeborn County. Petitioner claimed that his continued detention pending removal was unconstitutional and requested that the Court grant him relief in the form of release onto supervision pending his removal decision.

         On January 11, 2019, the BIA informed Plaintiff that it was dismissing his appeal and that he had 30 days to file a petition for review of the BIA decision with the Court of Appeals. (Petitioner Exs., Ex. D; Second Wright Decl. ¶ 12; Second Wright Decl., Ex. A.) Now that there is a final order of removal, Petitioner will be removed on an ICE charter flight in the next week. (Second Wright Decl. ¶ 13.)

         On February 7, 2019, Petitioner filed the current motion for a temporary restraining order. Petitioner claims he is preparing a motion to reopen with the BIA and wants this Court to stay deportation while the motion to reopen is filed and considered on the issue of ineffective assistance of counsel and while the adjudication of his U-Visa application is decided.

         III. ...


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