An appellate court stay preventing the removal of the girl from California was lifted earlier this month when the 2nd District Court of Appeal denied a writ petition filed by the Pages, Heimov said.
In the 29 opinions Sotomayor wrote as a district and appeals court judge, she never once granted relief to a prisoner petitioning for a writ of habeas corpus, the appeal of last resort for the convicted.
The federal appeals court in Atlanta denied his petition for a writ of habeas corpus, which challenged his continued detention without a hearing, on the ground that the 1996 law had abolished habeas corpus in the context of detention of aliens in his category.
Having lost his direct appeals in the California state courts, Mr. Andrade won a petition for a writ of habeas corpus in the United States Court of Appeals for the Ninth Circuit, in San Francisco, which found his sentence to violate the Eighth Amendment.
The Andrade case, by contrast, came up through the federal courts in California as a petition for a writ of habeas corpus, after Mr. Andrade lost his appeals in the California state courts.
HABEAS CORPUS -- In another criminal appeal, Gonzalez v. Crosby, No.04-6432, the question is whether a defendant can use a petition for a writ of habeas corpus as a means for reopening certain earlier judgments.
Dismissing Mr. Hamdi's petition for a writ of habeas corpus that sought to challenge his classification as an enemy combatant, the appeals court said that once the government explained itself, there was no further role for the federal courts.
In addition, the application for stay is treated as a petition for a writ of certiorari, and the petition for a writ of certiorari is granted.
The team owners petitioned for a writ of certiorari to the Supreme Court last Friday.
A federal trial judge affirmed that view and denied Ayala's petition for a writ of habeas corpus.
