Lopez v. I.N.S.

Full title: Rigoberto LOPEZ, Petitioner--Appellant, v. IMMIGRATION AND NATURALIZATION…

Court: United States Court of Appeals, Ninth Circuit

Date published: Feb 28, 2002

31 F. App'x 477 (9th Cir. 2002)

Opinion

31 Fed.Appx. 477 (9th Cir. 2002) Rigoberto LOPEZ, Petitioner--Appellant, v. IMMIGRATION AND NATURALIZATION SERVICE; San Pedro Detention Center; Las Vegas Detention Center; Thomas Schiltgen, District Director of Ins; Doris Meissner, Commissioner of Ins; John Ashcroft, Attorney General; Leonard Kovensky, Assistant District Director of Deportation and Detention of the Ins; Roberto Sanchez, Deportation Officer, Respondents--Appellees. No. 00-56581. D.C. No. CV-00-08552-DT. United States Court of Appeals, Ninth Circuit. February 28, 2002

Submitted February 4, 2002. ^*

* This panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the Central District of California; Dickran M. Tevrizian, District Judge, Presiding.

Before PREGERSON, RYMER, and T.G. NELSON, Circuit Judges.

ORDER ^**

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by Ninth Circuit Rule 36-3.

As the Immigration and Naturalization Service correctly conceded, the district court had subject matter jurisdiction to

Page 478.

consider Rigoberto Lopez's habeas corpus petition. ¹ Accordingly, we reverse the district court's denial of Lopez's petition and remand the case to the district court. We leave to the district court the other issues that the INS has raised.

1 See INS v. St. Cyr, 533 U.S. 289, 121 S.Ct. 2271, 2287, 150 L.Ed.2d 347 (2001) ("we conclude that habeas jurisdiction under § 2241 was not repealed by [the Antiterrorism and Effective Death Penalty Act] and [the Illegal Immigration Reform and Immigrant Responsibility Act]").

IT IS SO ORDERED.