United States District Court, M.D. Pennsylvania
October 20, 2005.
DONOVAN A. FORBES, Plaintiff,
U.S. DEPARTMENT OF JUSTICE, IMMIGRATION CUSTOMS ENFORCEMENT, and DEPARTMENT OF HOMELAND SECURITY, Defendants.
The opinion of the court was delivered by: A. CAPUTO, District Judge
Presently before the Court is Petitioner Donovan Forbe's Motion
Requesting to Re-open and Grant Emergency Stay (Doc. 3), which
the Court construes as a Motion for Reconsideration of its Order
on October 3, 2005 (Doc. 2), denying Petitioner's motion for
emergency stay of removal and his petition for writ of habeas
Petitioner does not allege any new factual or legal basis that
would support his motion. Rather, Petitioner essentially requests
that the Court grant him a temporary stay of his removal while he
exhausts his administrative remedies with regard to his claim of
derivative U.S. citizenship. The Court previously explained that
"[p]rior to presenting a claim for derivative citizenship in this
forum, Petitioner must present his claim to the Department of
Homeland Security ("DHS")". 8 CFR § 322.5; McKenzie v. INS, No.
04-1001, 2004 U.S. Dist. LEXIS 26237, at *17 (E.D. Pa. December
30, 2004). Since Petitioner has failed to exhaust his
administrative remedies with respect to his claim of derivative
citizenship, this Court lacks jurisdiction to review such a claim
in a petition for habeas corpus relief. Duvall v. Elwood, 336 F.3d 228, 232 (3d
Cir. 2003). The Court cannot grant a stay of removal without
Because Petitioner fails to assert a claim over which the Court
can exercise jurisdiction, Petitioner's Motion for
Reconsideration must be denied.
NOW, this 20th day of October, 2005, IT IS HEREBY
ORDERED that Petitioner Donovan Forbe's Motion Requesting to
Re-open and Grant Emergency Stay (Doc. 3)
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