IN THE SUPREME COURT OF THE STATE OF NEVADA

OSCAR BUSTAMONTE, No. 70963 Petitioner, vs. THE STATE OF NEVADA, FILED Respondent.

SEP 2 1 2016 TRACE K. t INDEMAN CLERK OF SUPREME COURT ORDER DENYING PETITION sy S.DEPUTY Y CLERa This is an original petition for a writ of habeas corpus, or alternatively, a writ of audita querela. Petitioner Oscar Bustamonte, who faces removal proceedings in federal court, seeks relief from a Nevada conviction. We conclude that our intervention by extraordinary writ is not warranted. A petition for a writ of habeas corpus is improperly filed in this court in the first instance. See NRAP 22. A petition for audita querela should likewise be filed in the district court in the first instance and any adverse decision appealed to this court. 1 Accordingly, we ORDER the petition DENIED.'

P Parraguirre _C-0____, CA.

J. J.

Hardesty Pickering The availability and scope of a petition for a writ of audita querela in a criminal case are issues of first impression that may be considered in an appeal from the denial of any such petition. Likewise, the issue of appealability is appropriately raised in an appeal from an adverse decision.

2We further note that Bustamonte has failed to provide an appendix SUPREME COURT or supporting documents.

OF NEVADA

(0) 1947A caelga 1(0-293 cc: Mueller Hinds & Associates Attorney General/Carson City Clark County District Attorney Eighth District Court Clerk

SUPREME COURT OF NEVADA (0) 1947A

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