Francisco Tomas Lopez v. Gerard Heinauer, District Director, Immigration and Naturalization Service
Court of Appeals for the Eighth Circuit
1Opinion of the Court
HANSEN, Circuit Judge.
Francisco Tomas Lopez appeals the district court’s 2 denial of his petition for a writ of habeas corpus, 28 U.S.C. § 2241 (2000), in which he asserted that the removal reinstatement provision of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), 8 U.S.C. § 1231(a)(5) (Supp. II 1996), had a retroactive effect when applied to him and violated his due process rights. The district court first concluded that it had jurisdiction to consider Lopez’s habeas petition and then rejected Lopez’s claims on the merits. We transfer this action which…
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