United States Ninth Circuit

Under 28 USC 1631, a habeas petition challenging an INS removal petition should be filed in a court of appeals, even if the removal petition would normally not be subject to review under the IRIRA, when an alien asserts he is actually a citizen.

Appellate Information

• Argued 10/15/2001
• Decided 11/29/2001
• Published 11/29/2001

Judges

• THOMAS, Circuit Judge:, Before:  RONEY,HUG, and THOMAS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• James Todd Bennett;  El Cerrito, California, attorney for the petitioner-appellant.


• For Appellees:
  
• Brian G. Slocum and Robbin K. Blaya;  Office of Immigration Litigation;  United States Department of Justice;  Washington, D.C.;   attorney for the respondent-appellee.