Legal Opinion

Benjamin Urbina v. Maryellen Thoms, Warden

Court of Appeals for the Sixth Circuit

Decided October 17, 2001No. 00-5464PublishedCited by 226 opinions

1Opinion of the Court

OPINION

KENNEDY, Circuit Judge.

Petitioner Benjamin Urbina filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, claiming that the United States Parole Commission (USPC) violated his Fifth Amendment due process rights by exceeding its jurisdiction to change his regular parole status to special parole status while he, a deported alien, was out of the country. The district court dismissed petitioner’s writ, sua sponte, without prejudice. Petitioner now appeals that dismissal. For the reasons stated below, we affirm the judgment of the district court dismissing…

2Cases cited10 opinions

  1. Haines v. KernerSupreme Court of the United States · 1972
  2. Cruz v. BetoSupreme Court of the United States · 1972
  3. United States v. PetermanCourt of Appeals for the Sixth Circuit · 2001
  4. Eugene Malone v. Gail Colyer, Sheriff of Greene CountyCourt of Appeals for the Sixth Circuit · 1983
  5. Brindley v. McCullenCourt of Appeals for the Sixth Circuit · 1995

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3Cited by226 opinions

  1. Eric Martin v. William OvertonCourt of Appeals for the Sixth Circuit · 2004
  2. Alspaugh v. McConnellCourt of Appeals for the Sixth Circuit · 2011
  3. Keeling v. Warden, Lebanon Correctional Inst.Court of Appeals for the Sixth Circuit · 2012
  4. Paul Fazzini v. Northeast Ohio Correctional Center, Warden, United States Marshals Service, and United States Parole CommissionCourt of Appeals for the Sixth Circuit · 2006
  5. Robert Lee Caver v. Dennis M. Straub, WardenCourt of Appeals for the Sixth Circuit · 2004

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