Villafuerte v. Immigration & Naturalization Service

MEMORANDUM OF OPINION AND ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS

WELLS, District Judge.

Before the Court are Mr. Villafuerte’s petition for a writ of habeas corpus and the motion to dismiss filed by the Immigration and Naturalization Service (“INS”), and John Ashcroft, Attorney General of the United States. Mr. Villafuerte seeks a remedy that was available to him when he committed a crime in 1995, but which was no longer available after he pled guilty in 1996 due to the enactment of a new statute in 1996. For the reasons stated, Mr. Villafuerte’s petition for a writ of habeas corpus…