Diaz-Ordaz et al v. Ashcroft Doc.

2
Case 3:05-cv-02269-TEH Document 2 Filed 06/08/2005 Page 1 of 1

1 IN THE UNITED STATES DISTRICT COURT

2 FOR THE NORTHERN DISTRICT OF CALIFORNIA
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5 MIGUEL DIAZ-ORDAZ and BERTHA

ROMERO-HERRERA, NO. C05-2269 TEH
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Petitioners, ORDER GRANTING WRIT OF
7 HABEAS CORPUS
v.
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ALBERTO R. GONZALES,
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Respondent.
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United States District Court

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For the Northern District of California

12 On December 19, 2002, Petitioners Miguel Diaz-Ordaz and Bertha Romero-Herrera

13 petitioned the United States Court of Appeals for the Ninth Circuit to review a November 21,
14 2002 decision of the Board of Immigration Appeals (“BIA”). On June 1, 2005, the Ninth
15 Circuit held that the BIA acted ultra vires in issuing an order of removal. Thus, the court
16 found that no valid final order of removal existed, and the court therefore lacked jurisdiction
17 over the petition for review. In the interests of justice, however, the court treated the petition
18 for review as a petition for writ of habeas corpus under 28 U.S.C. § 2241 and transferred the

19 petition to this Court. The Ninth Circuit instructed that, upon transfer, “the district court

20 should remand to the agency for further proceedings.”

21 Accordingly, with good cause appearing, this Court GRANTS the petition for writ of

22 habeas corpus. The BIA is instructed to rescind Petitioners’ removal order and remand the

23 matter to the Immigration Judge for further proceedings. The Clerk shall close the file.

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25 IT IS SO ORDERED.
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27 DATED 06/08/05 /s/

THELTON E. HENDERSON, JUDGE
28 UNITED STATES DISTRICT COURT

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