......|EGE\@ ____0OP[ -
UNITED STATES DISTRICT COURT n
FOR THE Oiswaictr O1? ARIZONA SEP ‘.-ZZUU5,
¤.EF¤
FRANCISCO JAVIER AVILA~LOPEZ )
Defendant, )
)
) CRO4-ll8S—PHX—JAT
vs. )
F ,
THE UNITED STATES OF AMERICA )
Plaintiff. )
K
DEFENDANT'S MOTION TO CONTINUE TRIAL DATE UNTIL
THE 9th CIRCUIT COURT Of APPEALS CAN RULE ON
THE DEFENDANT‘S MOTION FOR A STAY OF
. PROCEEDINGS IN THE UNITED STATES
DISTRICT COURT, DISTRICT OF v
ARIZONA
COMES NOW the Defendant, Francisce Javier Avila—LOpez, acting
pre se, and meves this Henerable Ceurt fOr an Order granting the
Defendant's instant motion and centinue the Trial Date in the abeve
named case until a time that the 9th Circuit Ceurt Of Appeals is
able tO make a determination On the Defendant*s Mctien fOr a Stay
Of Preceedings in these matters.
This MOtiOn is made and based On the fellewing facts.
BACKGROUND
On the date Of Octeber 22, 2004, a cemplaint was filed against
the Defendant, charging him with being in vielatien Of 8 U.S.C.§
Case 2:04-cr—O1188-JAT Document 46 Filed O9/O2/2005 Page10f4
l .
P
_ On November 6, 1996, an Immigration Judge entered an order
to Remove/Deport the Petitioner from the United States.
On September 2, 1997, the Board of Immigration Appeals affirmed
the Removal/Deportation order of November 6, 1996.
On December 18, 1998, the Petitioner was Removed/Deported l
from the United States.
On October 22, 2004, a Complaint for violation of 8 u.s.c.§
l326(a), enhanced by B U.S.C.§l326(b)(2), was filed against the
Petitioner in the United States District Court, District of Arizona, ·
Cage NQ-; CRO4-·1188·PHX·JAT
The Petitioner currently has a trial date of September 6, 2005,
in Case No.: CR04—l188—PHX—JAT
On September 2, 2005, the Petitioner will submit to the trial
Court “DEEENDANT’S MOTION TO CONTINUE TRIAL DATE UNTIL THE 9TH
CIRCUIT COURT OF APPEALS IS ABLE TO MAKE A DETERMINATION ON DEFEND—
ANT'S MOTION FOR STAY OF PROCEEDINGS IN THE UNITED STATES DISTRICT
COURT, DISTRICT OF ARIZONA". Attached to the foregoing Motion will
be a copy of the Petitioner's instant Motion.
As of the filing of this Motion, the Petitioner has not had
the opportunity to file any continuance motions with the trial Court
for trial date extensions.
ARGUEMENT
The Petitioner is currently facing criminal charges for
violating B U.S.C.§1326(a), which is being enhanced by 8 U.S.C.§
1a26(b)<2}-
Case 2:04-cr—O1188-JAT Document 46 Filed O9/O2/2005 Page 2 of 4
The Petitioner respectfully informs this Honorable Court that
he, the petitioner, is challenging the legality and validity of the
origional Deportation Proceedings and Order which is the basis for
the pending criminal charges against the Petitioner.
The Petitioner intends to challenge the origional Deportation -
Proceedings and Order by filing with this Court a Petition for Writ
of Habeas Corpus pursuant to 28 U.S.C.§224l, at which time, the
Petitioner will raise all grounds for which he is entitled to relief.
The grounds the Petitioner intends to raise in said petition will
include, but not limit to, the Deportation proceedings and order
were held and obtained in violation of the Petitioner's Sixth Amend-
ment Right to Effective Assistance of Counsel; and the Petitioner's
Fifth Amendment Right to Due Process and Equal Protection of the
Laws of the United States.
Although the Petitioner has yet to deliver a copy of the Petition
for Writ of Habeas Corpus to this Court, the Petitioner assures
that the Petiton for Writ of Habeas Corpus is in the final stages
of being prepared and will be submitted to this court immediately
upon completion. The estimated time to complete the Petition for
Writ of Habeas Corpus is approximately 3 weeks.
CONCLUSION
Wherefore, for the foregoing reasons, the Petitioner respect- U
fully requests and prays that this Honorable Court grant the instant
Motion and ORDER a Stay of Proceedings in the United States District
Case 2:04-cr-01188-JAT Documegnt 46 Filed O9/O2/2005 Page 3 of 4
‘ I
e
,3
· Court, District of Arizona, Case No.: CR04—l188~PHX—JAT
Dated and Done this lst day of SEPTEMBER , 2005.
Respectfully Submitted by:
{ _!
. _ xsi ·
Francisco Jzééer Avila—Lopez
Reg. No.: 9'729~0l2
CCA—Florence
_ P.O- Box 6300
Florence, Arizona 85232
CERTIFICATE OF SERVICE
. . /\-J
I hereby certify that on this J. day of SEPTEMBER, 2005,
I delivered a copy of the foregoing PETITIONER’S MOTION FOR A STAY
OF PROCEEDINGS IN THE UNITED STATES DISTRICT COURT, DISTRICT OF
ARIZONA, by hand delivering, in person, to the following persons:
Clerk, United States District Court
401 West Washington
Phoenix, Arizona 85003 I y
United States Attorney, District of Arizona
c/o Deputy United States Attorney
Michael S. Reeves l
(stand—by counsel)
Respe {fully Submitted by:
MF
I. 1 { yi/' ` js; M
. lg I J n
Francisco_;avier Avila—Lopez
_ Petitioner, pro se
Case 2:04-cr—O1188-JAT D0cume2t46 Filed O9/O2/2005 Page40f4
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