Hatami v. Ridge

MEMORANDUM OPINION

ELLIS, District Judge.

Plaintiff, a lawful permanent resident alien, faces imminent removal from this country following his state conviction and twelve month sentence for a domestic assault and battery. He seeks here a temporary stay of the removal order to allow him the opportunity to pursue his state habeas corpus petition attacking the predicate state conviction on the ground of ineffective assistance of counsel. The threshold jurisdictional question is whether 8 U.S.C. § 1252(g) bars such a stay.

I

Plaintiff Habib Hatami is a twenty-four year old permanent resident alien…