Summary
noting that Ponce-Osorio held that reinstated removal orders are not final for purposes of judicial review if withholding-only proceedings are ongoing, but that the opinion did not consider the finality of the removal order in the context of detention
Summary of this case from Salome del Socorro Fuentes-De Canjura v. McAleenanOpinion
CIVIL ACTION NO. 1:16-CV-00148
12-01-2016
NOE MAURICIO BARRERA ROMERO v. WARDEN, LASALLE DETENTION FACILITY, et al.
JUDGE TRIMBLE
MAGISTRATE JUDGE PEREZ-MONTES
JUDGMENT
For the reasons contained in the Report and Recommendation of the Magistrate Judge previously filed herein, and after independent (de novo) review of the record including the objections filed herein, and having determined that the findings and recommendation are correct under the applicable law;
IT IS ORDERED that Respondent's motion to dismiss (Doc. 14) is GRANTED and Barrera-Romero's habeas petition is DENIED AND DISMISSED WITH PREJUDICE.
THUS ORDERED AND SIGNED in Chambers at Alexandria, Louisiana on this 1st day of December, 2016.
/s/_________
JUDGE JAMES T. TRIMBLE, JR.
UNITED STATES DISTRICT JUDGE