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