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United States Eighth Circuit


LOPEZ v. HEINAUER, 01-3618

To challenge an order reinstating a prior 8 U.S.C. section 1231(a)(5)removal order, habeas petitioner should have filed a petition for review rather than a section 2241 habeas action. Reinstatement of the removal order after his illegal reentry into the US did not deprive petitioner of due process.

Appellate Information

  • Decided 06/11/2003
  • Published 06/11/2003

Judges

  • HANSEN, Circuit Judge., Before HANSEN, Chief Judge, HEANEY and MORRIS SHEPPARD ARNOLD, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • James A. Benzoni of Des Moines, IA, argued, for appellant.

  • For Appellees:
  • Papu Sandhu, Senior Litigation Counsel, Office of Immigration Litigation, U.S. DOH, Washington, DC, argued, for appellee.
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