Opinion
Criminal No. 06-773-02 (FSH)
01-10-2013
UNITED STATES OF AMERICA, v. ASHISH PAUL Defendant.
ORDER
HOCHBERG, District Judge
This matter having come before the Court by Defendant Ashish Paul, appearing pro se, by petition filed July 19, 2012 [docket #136] requesting the Court to enter an Order granting him credit for time served and an Order staying any removal proceedings by the Department of Homeland Security; and the Court having received and reviewed opposition from the Government filed September 24, 2012 [docket #138]; and for good cause shown;
IT IS on this 10th day of January, 2013;
ORDERED that the Defendant's request for an Order granting him credit for time served is hereby DENIED ; it is further
"House arrest imposed as a condition of pretrial release is not 'official detention." United States v. Wickman, 955 F.2d 592, 593 (8th Cir.1992); Edwards v. United States, 41F.3d 154, 156 (3d Cir. 1994).
ORDERED that the Defendant's request to stay his immigration proceedings is hereby DENIED .
Defendant's request to stay his immigration proceedings will be denied as it has not been filed in the appropriate court. Defendant's appeal to the Supreme Court is made from the Circuit Court. In addition, it relates to a court under the Department of Homeland Security. Accordingly, Defendant should file his request for a stay with either: (a) the Department of Homeland Security; (b) the Third Circuit, see Fed. R. App. P. 41(d)(2); see, e.g., Chehazeh v. Att'y Gen., 666 F.3d 118, 125 n.10 (3d Cir. 2012) (noting that appellate court has stayed "removal proceedings pending the outcome of this appeal"); or (c) a Justice of the Supreme Court pursuant to Supreme Court Rule 23.
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Faith S. Hochberg
United States District Judge