United States Fifth Circuit

Denial of Petitioners' petition for review of their removal from the U.S. is vacated, where the magistrate judge who had heard their earlier habeas petition did not have jurisdiction to hear their subsequent petition for review without Petitioners' consent.

Appellate Information

• Decided 03/17/2009
• Published 03/17/2009

Judges

• W. EUGENE DAVIS, Circuit Judge:, Before JOLLY, DAVIS and DeMOSS, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Lisa S. Brodyaga (argued), Refugio de Rio Grande, San Benito, TX, for Maria Cristina Lopez, Guadalupe Del Rosario Lopez, Jose Maurilio Lopez and Juan Luis Lopez., Daniel David Hu, Asst. U.S. Atty., Houston, TX, for Eric H. Holder, Jr., A.G. Winfrey and U.S., Thomas Ward Hussey, Director, U.S. Dept. of Justice, Office of Immigration Litigation, Michael B. Mukasey, U.S. Dept. of Justice, Washington, D.C., Lawrence Ludka, Asst. U.S. Atty. (argued), Corpus Christi, TX, Trey Lund, Field Office Director, U.S. Immigration and Customs Enforcement, Attn:  Carl Perry, New Orleans, LA, Lisa M. Putnam, Harlingen, TX, E.M. Trominski, Dist. Director, U.S. I.N.S., Harlingen, TX, for Eric H. Holder, Jr.