United States Ninth Circuit

In a case involving a habeas petitioner held in immigration custody during his ongoing removal proceedings for over two years, dismissal for lack of jurisdiction of his habeas petition challenging his continued confinement is reversed and remanded for a determination as to whether he is a U.S. citizen and thus immune from detention under the INA, as section 1252 of the INA does not precludes the district court from exercising jurisdiction over the habeas petition.

Appellate Information

• Argued 10/20/2008
• Decided 11/10/2008
• Published 11/10/2008

Judges

• REINHARDT, Circuit Judge:, Before:  MARY M. SCHROEDER, D.W. NELSON, and STEPHEN REINHARDT, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Holly S. Cooper, Esq., Supervising Attorney, U.C. Davis Immigration Law Clinic, Davis, CA, for the petitioner-appellant.


• For Appellees:
  
• Joseph P. Russoniello, Esq., United States Attorney, Joann M. Swanson, Esq., Chief, Civil Division, Melanie L. Proctor, Esq., Assistant United States Attorney, San Francisco, CA, for the respondents-appellees.