Summary
noting that order of removal was not final because Immigration Judge's decision finding petitioner ineligible for cancellation of removal was still on appeal before the BIA.
Summary of this case from Arnold v. CrawfordOpinion
No. CV 05-1055 PHX NVW (MEA).
November 1, 2005
ORDER
Before the court is Petitioner's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241(doc. #1) and Respondents' Response in Opposition to Petition for Writ of Habeas Corpus (doc. #7). No reply was filed. On October 4, 2005, United States Magistrate Judge Mark E. Aspey issued a Report and Recommendation ("R R") (doc. #8) in accordance with 28 U.S.C. § 636(b)(1)(B). The R R recommends that the petition be denied and dismissed without prejudice as moot. No objections to the R R were filed.
The court has reviewed the R R and agrees with the magistrate judge's determinations. Accordingly, the court will accept the R R and dismiss the Petition for Writ of Habeas Corpus. See 28 U.S.C. § 636(b)(1) (stating that the district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge").
IT IS THEREFORE ORDERED accepting the Report and Recommendation of Magistrate Judge Mark E. Aspey (doc. #8).
IT IS FURTHER ORDERED that Petitioner's Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241 (doc. #1) is denied and dismissed with prejudice as moot.
IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly and terminate this action.