United States Fourth Circuit

The district court's transfer of plaintiff's habeas petition is reversed where the requirement of U.S.C. section 1631, that a case be transferred to a court in which it could have been brought, has not been not satisfied.

Appellate Information

• Decided 11/05/2004
• Published 11/05/2004

Judges

• Before NIEMEYER, TRAXLER, and SHEDD, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:Brian Eugene Bowcut, Arnold & Porter, L.L.P., Washington, D.C., for Petitioner.  Bryan Stuart Beier, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent.   ON BRIEF:Robert S. Litt, Emily N. Glatfelter, Arnold & Porter, L.L.P., Washington, D.C., for Petitioner.  Peter D. Keisler, Assistant Attorney General, Civil Division, M. JocelynLopez Wright, Assistant Director, Michele Y.F. Sarko, Attorney, United States Department of Justice, Office of Immigration Litigation, Washington, D.C., for Respondent.