Gonzalez v. USA

Gonzalez v. USA

Petitioner:	Jorge Gonzalez
Respondent:	USA
Case Number:	1:2010cv05463
Filed:	July 19, 2010
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Alvin K. Hellerstein
Nature of Suit:	Motions to Vacate Sentence
Cause of Action:	28 U.S.C. § 2255
Jury Demanded By:	None

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Date Filed	Document Text
September 3, 2010	Filing 4 ORDER DISMISSING PETITION: For the reasons stated, if the "motion" is properly considered an appeal from an order of deportation, then it is dismissed for lack of subject matter jurisdiction. If the "motion" is more properly consi dered a habeas petition, then it is denied on the merits since Petitioner cannot establish that "but for counsel's errors, the result of the proceeding would have been different." Strickland, 466 U.S. at 694. The Clerk shall mark the motion terminated (Doc. No.1) terminated and the case closed. (Signed by Judge Alvin K. Hellerstein on 9/3/2010) (ae)

Date Filed

Document Text

September 3, 2010

Filing 4 ORDER DISMISSING PETITION: For the reasons stated, if the "motion" is properly considered an appeal from an order of deportation, then it is dismissed for lack of subject matter jurisdiction. If the "motion" is more properly consi dered a habeas petition, then it is denied on the merits since Petitioner cannot establish that "but for counsel's errors, the result of the proceeding would have been different." Strickland, 466 U.S. at 694. The Clerk shall mark the motion terminated (Doc. No.1) terminated and the case closed. (Signed by Judge Alvin K. Hellerstein on 9/3/2010) (ae)

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Respondent: USA
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Petitioner: Jorge Gonzalez
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