BARTSCH v. UNITED STATES DEPARTMENT OF JUSTICE, No. 3:2008cv00004 - Document 15 (W.D. Pa. 2009)

Court Description: OPINION that the Petition for Writ of Habeas Corpus filed by Bartsch Otvino is Dismissed. Signed by Judge Lisa Pupo Lenihan on 07/01/2009. (jmb)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA OTVINO BARTSCH, ) Petitioner, v. 1 Civil Action No. 08-45 ) UNITED STATES DEPARTMENT OF JUSTICE, ) ) Magistrate Judge Lenihan ) Respondent. 1 OPINION This is a federal habeas petition filed pursuant to the provisions of 28 U.S.C. § 2241 by Bartsch Otvino. Otvino is a federal prisoner incarcerated at the Moshannon Valley Correctional Center located in Philipsburg, Pennsylvania, serving a sentence of fifty-seven months incarceration for violation of immigration laws. Otvino is a Chilean national, and he complains that he was improperly denied a transfer to Chile under the "Transfer of Offenders To or From Foreign Countries Act" ("Act"), P.L. No. 95-144, 91 Stat. 1212, 18 U.S.C. § § 4100, et seq. Otvino's claim does not warrant relief. A transfer under the Act rests within the sole discretion of the United States Attorney General. 18 U.S.C. §4102(3). The Attorney General's decision is not subject to review. Baqsulev v. Bush, 953 F.2d 660, 662 (D. C. Cir. 1991). For all of the reasons stated above, IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus filed by Bartsch Otvino is DISMISSED.' United States Magistrate Judge July 1, 2 0 0 9 cc: OTVINO BARTSCH 73645-053 Moshannon Valley Correctional Center 551 I Cornell Drive Philipsburg, PA 1 6 8 6 6 Federal prisoner appeals from the denial of a 8 2241 habeas corpus proceeding are not governed by the certificate of appealability 224 F.3d 256, 264-65 (3d Cir. requirement. United States v. Ce~ero, 2000); 28 U.S.C. § 2253(c) (1)(B). Hence, no recommendation is made in this respect.

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