Diosa-Ortiz v. Ashcroft

MEMORANDUM AND ORDER

SARIS, District Judge.

I. INTRODUCTION

Petitioner John Jairo Diosa-Ortiz, a native and citizen of Colombia, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2241 to review his final order of deportation. He argues that the Immigration Judge (“IJ”) and the Board of Immigration Appeals (“BIA”) made clearly erroneous findings of fact in determining that he had abandoned his status as a lawful permanent resident when he left the country after deliberately avoiding his deportation proceedings. Respondents move to dismiss the petition, arguing that the Court lacks subject…