United States Fourth Circuit

Denial of motion to dismiss habeas petition under 28 U.S.C. section 2241, and order enjoining the government from extraditing petitioner to Romania, are vacated where the district court lacked jurisdiction to consider the merits of the petition.

Appellate Information

• Argued 11/28/2006
• Decided 03/22/2007
• Published 03/22/2007

Judges

• Before WILKINS, Chief Judge, WIDENER, Circuit Judge, and DAVID A. FABER, Chief United States District Judge for the Southern District of West Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Douglas Neal Letter, United States Department of Justice, Civil Division, Appellate Section, Washington, D.C., for Appellant.  Gregory Davis, Assistant Federal Public Defender, Office of the Federal Public Defender, Winston-Salem, North Carolina, for Appellee.   ON BRIEF:  Peter D. Keisler, Assistant Attorney General, United States Department of Justice, Office of Immigration Litigation, Washington, D.C.;   Anna Mills Wagoner, United States Attorney, Office of the United States Attorney, Greensboro, North Carolina, for Appellant.  Louis C. Allen, III, Federal Public Defender, Greensboro, North Carolina, for Appellee.