Legal Opinion

Klontz v. Ashcroft

Court of Appeals for the Ninth Circuit

Decided June 4, 2002No. 00-17499; D.C. No. CV-00-03717-CWPublished

1Opinion of the Court

MEMORANDUM **

Klontz appeals the district court’s order denying his habeas petition. Klontz claims the court erred in ruling that he was ineligible to apply for relief from removal, and that the immigration judge and district court both denied him due process. We affirm the district court and hold that Klontz was not denied due process.

*261A. Eligibility to Apply for Relief from Removal

Klontz relies on INS v. St. Cyr1 in arguing that he is still eligible to apply for relief from removal because he was eligible to do so at the time he pled guilty. As an initial matter, we reject the Government’s…

2Cases cited8 opinions

  1. Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
  2. McKart v. United StatesSupreme Court of the United States · 1969
  3. Fernando Eros Caro v. Jeanne Woodford, WardenCourt of Appeals for the Ninth Circuit · 2002
  4. Gale R. JOHNSON, Plaintiff-Appellee, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-AppellantCourt of Appeals for the Ninth Circuit · 1993
  5. United States v. Cecilio Esparza-PonceCourt of Appeals for the Ninth Circuit · 1999

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