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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
GREGORIO PASCUAL MARTINEZ
ZALDIVAR,
Petitioner,
v.
MICHAEL CHERTOFF, et al.,
Respondents.
/
No. C 06-07683 JSW
ORDER DENYING MOTION FOR
STAY PENDING APPEAL
On December 14, 2006, Petitioner Gregorio Pascual Martinez Zaldivar (“Petitioner”)
filed a petition for writ of habeas corpus, or in the alternative, order to show cause, and motion
for emergency stay of execution and application for a temporary restraining order. Petitioner
seeks an order staying his detention and removal to Mexico pursuant to the order of removal
issued by the Board of Immigration Appeals. On December 15, this Court issued an order
dismissing the petition for lack of jurisdiction. Later that same day, Petitioner filed a notice of
appeal, appealing this Court’s dismissal to the Ninth Circuit.
On December 17, 2006, Petitioner filed a motion for an emergency stay of execution and
application for temporary stay pending ruling of appeal. For the same reasons stated in the order
dismissing this petition, this Court lacks jurisdiction to enter a stay. In addition, the Petitioner’s
filing of a notice of appeal divested this Court of any jurisdiction. See McClatchy Newspapers
v. Central Valley Typographical Union No. 46, Intern. Typographical Union 686, F.2d 731, 734
Case 3:06-cv-07683-JSW Document 9 Filed 12/18/2006 Page 1 of 2
Martinez Zaldivar v. Chertoff et al
Doc. 9
Dockets.Justia.com
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(9th Cir. 1982) (“The filing of a notice of appeal generally divests the district court of
jurisdiction over the matters appealed.”)
IT IS SO ORDERED.
Dated: December 18, 2006