Opinion issued March 26, =
2009
=
In=20
The
Court of=20
Appeals
For The
First =
District of=20
Texas
NO.=20
01-08-00993-CV
IN RE =
VICTOR DEL=20
RIO, Relator
Original=20
Proceeding on Petition for Writ of Habeas=20
Corpus
MEMORANDUM=20
OPINION
<=
/SPAN>On=20
December 18, 2008, relator, Victor Del Rio, filed an emergency =
petition=20
for a writ of habeas corpus in this Court. See Tex. Gov=E2=80=99t Code =
Ann. =C2=A7 22.221(d)=20
(Vernon 2004). We dismiss the proceeding for lack of=20
jurisdiction.
<=
/SPAN>Relator=20
asks us to issue a writ of habeas corpus requiring respondent, =
Tracey Del=20
Rio, to appear and to produce their minor child, N.D.R., before =
this Court=20
or to show cause why custody should not be restored to relator. =
However,=20
our original jurisdiction over habeas corpus petitions is limited =
to=20
contempt judgments in which a person=E2=80=99s liberty is =
restrained because of=20
his violation of an order issued by a court in a civil case. In =
re=20
Shaw, 175 S.W.3d 901, 903 (Tex. App.=E2=80=94Texarkana 2005, =
orig. proceeding)=20
(citing Ex parte Hawkins, 885 S.W.2d 586, 588 (Tex. =
App=E2=80=94El Paso=20
1994, orig. proceeding)); see Tex. Gov=E2=80=99t Code =
Ann. =C2=A7 22.221(d).=20
Section 22.221(d) of the Texas Government Code =
provides:
[T]he court of appeals of a court of =
appeals=20
district in which a person is restrained in his liberty, or a =
justice of=20
the court of appeals, may issue a writ of habeas corpus when it =
appears=20
that the restraint of liberty is by virtue of an order, process, =
or=20
commitment issued by a court or judge because of the violation of =
an=20
order, judgment, or decree previously made, rendered, or entered =
by the=20
court or judge in a civil case.
Tex. Gov=E2=80=99t=20
Code Ann. =C2=A7 22.221(d). Because this case does not meet =
those=20
requirements, we do not have jurisdiction to consider =
relator=E2=80=99s habeas=20
corpus petition. ![3DFootnote=20](3D"http://www.1stcoa.courts.state.tx.us/opinions/080993f/footnoteicon=)
<=
/SPAN>Therefore,=20
we dismiss this proceeding for lack of jurisdiction. All pending =
motions=20
are dismissed as moot.
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Tim=20
Taft
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Justice
Panel consists of Justices Taft, Bland, =
and=20
=
Sharp.
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