Agoro v. United States of America

Agoro v. United States of America

Petitioner:	Babatunde Kareem Agoro
Respondent:	United States of America
Case Number:	1:2011cv00181
Filed:	January 4, 2011
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Genesee
Presiding Judge:	Shira A. Scheindlin
Nature of Suit:	Habeas Corpus - Alien Detainee
Cause of Action:	28 U.S.C. § 2241
Jury Demanded By:	None

Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed	Document Text
February 24, 2011	Filing 7 MEMORANDUM OPINION AND ORDER: Petitioner's application for an Order to Show Cause is denied. Insofar as Petitioner challenges his conviction in United States v. Agoro, No. 90 Cr. 102(D.R.I. 1992), the Petition is construed as a request for leave to file a successive section 2255 motion and transferred to the United States Court of Appeals for the First Circuit. Petitioner's application for a writ of error coram nobis challenging his conviction(s) in the District of Rhode Island is dism issed without prejudice. Petitioner's challenge to his order of removal is dismissed because such claims must be brought in a petition for review, and the Court declines to transfer such claims because they are untimely. Moreover, Petitioner fai ls to state a claim that his immigration counsel was ineffective because he was not prejudiced by the failure to notify him of the earlier 1999 order of removal. As Petitioner has not made a substantial showing of the denial of a constitutional right , a Certificate of Appealability ("COA") shall not issue. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from the instant Order would not be taken in good faith, and therefore informa pauperis status is denied for the purpose of an appeal. (Signed by Judge Shira A. Scheindlin on 2/24/2011) (tro)

Date Filed

Document Text

February 24, 2011

Filing 7 MEMORANDUM OPINION AND ORDER: Petitioner's application for an Order to Show Cause is denied. Insofar as Petitioner challenges his conviction in United States v. Agoro, No. 90 Cr. 102(D.R.I. 1992), the Petition is construed as a request for leave to file a successive section 2255 motion and transferred to the United States Court of Appeals for the First Circuit. Petitioner's application for a writ of error coram nobis challenging his conviction(s) in the District of Rhode Island is dism issed without prejudice. Petitioner's challenge to his order of removal is dismissed because such claims must be brought in a petition for review, and the Court declines to transfer such claims because they are untimely. Moreover, Petitioner fai ls to state a claim that his immigration counsel was ineffective because he was not prejudiced by the failure to notify him of the earlier 1999 order of removal. As Petitioner has not made a substantial showing of the denial of a constitutional right , a Certificate of Appealability ("COA") shall not issue. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from the instant Order would not be taken in good faith, and therefore informa pauperis status is denied for the purpose of an appeal. (Signed by Judge Shira A. Scheindlin on 2/24/2011) (tro)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Agoro v. United States of America
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Web	[ Unicourt \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Petitioner: Babatunde Kareem Agoro
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]
Respondent: United States of America
Search News	[ Google News \| Marketwatch \| Wall Street Journal \| Financial Times \| New York Times ]
Search Finance	[ Google Finance \| Yahoo Finance \| Hoovers \| SEC Edgar Filings ]
Search Web	[ Unicourt \| Justia Dockets \| Legal Web \| Google \| Bing \| Yahoo \| Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?