Opinion
Civil Action 2:06-CV-992, Criminal Action 2:91-CR-023.
April 23, 2009
ORDER
An evidentiary hearing on petitioner's motion to vacate, filed pursuant to 28 U.S.C. § 2255, was scheduled for April 23, 2009. On that date, petitioner's counsel made an oral request for a continuance of the hearing on the ground that a witness was unavailable. The Court GRANTS that request. The evidentiary hearing will proceed on May 11, 2009, beginning at 1:00 p.m.
However, the Court is advised that petitioner will complete service of his sentence — perhaps as early as April 27, 2009. Upon his release from the custody of the Bureau of Prisons, petitioner will be transferred to the custody of Immigration and Customs Enforcement ["ICE"] in connection with deportation proceedings. The writ of habeas corpus ad prosequendum issued by this Court on March 2, 2009, will lapse upon petitioner's completion of service of his sentence.
The Court is also advised that petitioner nevertheless intends to pursue this challenge to his conviction because it is this conviction that provides the predicate for the deportation proceedings.
The Court expects to thereupon issue a writ of habeas corpus ad prosequendum directed to ICE officials to secure petitioner's appearance at the May 11, 2009, evidentiary hearing. The attorney for the United States will provide to the Court the name of the proper custodian to whom the writ should be directed.