Free Notice (Other) - District Court of California - California

Case 3:07-cv-02267-WQH-POR

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Filed 07/29/2008

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KAREN P. HEWITT United States Attorney SAMUEL W. BETTWY Assistant U.S. Attorney California State Bar No. 94918 Office of the U.S. Attorney 880 Front Street, Room 6293 San Diego, California 92101-8893 Telephone: (619) 557-7119 Attorneys for Federal Respondents UNITED STATES DISTRICT COURT

8 SOUTHERN DISTRICT OF CALIFORNIA 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. MICHAEL CHERTOFF, Secretary of Homeland Security, et. al., Respondents. SYLVESTER OWINO , Petitioner, ) ) ) ) ) ) ) ) ) ) ) No. 07cv2267-WQH (POR) A97 469 354 NOTICE OF RECENT NINTH CIRCUIT DECISIONS

On July 25, 2008, the Ninth Circuit issued its decision in Prieto-Romero v. Clark, -- F.3d --, 2008 WL 2853396 (9th Cir. July 25, 2008), holding that Zadvydas and Nadarajah do not apply where the only obstacle to removal is a pending petition for review. Id. at *7 ("Although his removal has certainly been delayed by his pursuit of judicial review of his administratively final removal order, he is not stuck in a "removable-but-unremovable limbo," as the petitioners in Zadvydas were"). See also Casas-Castrillon v. D.H.S., -- F.3d --, No. 07-56261 (9th Cir. July 25, 2008) ("Although Casas' nearly seven-year detention certainly qualifies as prolonged by any measure, we hold that the government retains authority to detain him under § 1226(a) because Casas faces a significant likelihood of removal to Colombia once his judicial and administrative review process is complete") (citing Zadvydas v. Davis, 533 U.S. 678, 699 (2001), and Prieto-Romero, slip op. at 9305) (copy attached). /// ///

Case 3:07-cv-02267-WQH-POR

Document 25

Filed 07/29/2008

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Therefore, the issue of whether Owino is preventing his removal pending his petition for review has been rendered secondary or moot. DATED: July 29, 2008 Respectfully submitted, KAREN P. HEWITT United States Attorney s/ Samuel W. Bettwy

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 07cv2267-WQH SAMUEL W. BETTWY Assistant U.S. Attorney