1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 DAVID BENNETT, Case No. 24-cv-04157-JSC

8 Plaintiff, ORDER OF DISMISSAL; DENYING 9 v. MOTION FOR CERTIFICATE OF CITIZENSHIP, PASSPORT AND 10 IMMIGRATION AND TRAVEL PAPERS NATURALIZATION SERVICE, et al., 11 Re: Dkt. No. 11 Defendants.

12 INTRODUCTION 13 Plaintiff, an inmate at the Yolo County Jail who is proceeding without representation by an 14 attorney, filed this civil action. He is granted leave to proceed in forma pauperis in a separate 15 order. For the reasons discussed below, the Complaint is DISMISSED without leave to amend for 16 failure to state a claim that is capable of judicial determination, and his motion for “certificate of 17 citizenship and travel papers and passport” (ECF No. 11) is DENIED. 18 BACKGROUND 19 Plaintiff alleges he is not a United States citizen, and in 2006 the Immigration and 20 Naturalization Services (“I.N.S.”)1 detained him “for deportation” based upon a conviction for 21 robbery. (ECF No. 1 at 1.) After receiving a “second chance,” he “continued being a career 22 criminal and breached that contract agreement” with convictions in state court for carjacking, 23 escape, and weapons charges between 2006 and 2024. (Id.) He asserts his appointed attorney 24 from the Public Defender’s Office of Santa Clara County is “ineffective” and alleges she is 25 “extorting me by embarrassment publishing and distributing my (SCAR) Suspected Child Abuse 26 Report.” (Id. at 2.) He made “many attempts” to request his “Yolo County Attorney to hand over 27 1 this sincitive [sic] SCAR material but he is amazed with it.” (Id.) He alleges the “Yolo County 2 Court, the F.B.I., and the Santa Clara County Court refus[e] to prosecute me for my crime I 3 committed.” (Id.) He states he does not “feel safe in the United States.” (Id.) He seeks to be 4 removed “to federal court for deportation and change of venue.” (Id.) 5 STANDARD OF REVIEW 6 Federal courts must engage in a preliminary screening of cases in which prisoners seek 7 redress from a governmental entity or officer or employee of a governmental entity.

1915A(a). The Court must identify cognizable claims or dismiss the complaint, or any portion of 9 the complaint, if the complaint “is frivolous, malicious, or fails to state a claim upon which relief 10 may be granted,” or “seeks monetary relief from a defendant who is immune from such relief.”

11 § 1915A(b). Pleadings filed by unrepresented parties must be liberally construed. Balistreri v. 12 Pacifica Police Dep't,

(9th Cir. 1990). 13 LEGAL CLAIM 14 Plaintiff’s Complaint seeking for “removal” to federal court “for deportation” is not 15 capable of judicial determination. The Department of Immigration and Customs Enforcement 16 (formerly the I.N.S.) is the agency responsible for deportation of non-citizens, so Plaintiff may 17 contact that agency to learn the process and options for him for deportation. The Court is not 18 aware of any authority, and Plaintiff cites none, under which it has the power to order his 19 deportation. Nor is the Court aware of any authority, and Plaintiff cites none, under which it may 20 “remove” his state court criminal case to federal court. The federal removal statute applies to civil 21 cases, not criminal cases. See

. For these reasons, the Complaint seeking 22 deportation is not capable of judicial determination. 23 Plaintiff has filed a motion for “certificate of citizenship and travel papers and passport.” 24 (ECF No. 11.) In this motion, he requests to “withdraw” his request for deportation, “exercise his 25 right to be a citizen in the United States,” and obtain “citizenship, travel papers, and visa 26 passport.” (Id. at 2.) The Court is not aware of any authority, and Plaintiff cites none, 27 empowering it to grant citizenship, a visa, a passport, or other “travel papers” to Plaintiff. Plaintiff 1 Department of Homeland Security, which is the agency that oversees I.C.E. and is responsible for 2 granting United States citizenship and passports. 3 CONCLUSION 4 For the reasons discussed above, the case is DISMISSED without leave to amend. The 5 motion for a certificate of citizenship, a passport, and travel papers is DENIED. 6 This order resolves docket number 11. 7 The clerk shall enter judgment and close the file. 8 IT IS SO ORDERED. 9 Dated: January 10, 2025 10 11 JACQUELINE SCOTT CORLEY 12 United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27