Legal Opinion
Juan Pablo Zegarra-Gomez v. Immigration and Naturalization Service
Court of Appeals for the Ninth Circuit
Decided January 2, 2003No. 01-57021PublishedCited by 53 opinions
1Opinion of the Court
WEINER, District Judge.
In Miranda v. Reno, 238 F.3d 1156, 1158-59 (9th Cir.2001), we held that a petitioner who has already been deported cannot avail himself of habeas corpus jurisdiction because he is no longer “in custody,” as that term is used in 28 U.S.C. § 2241, when he files his petition. Today, we hold that where an alien habeas petitioner is deported after he files his petition, the fact of his deportation does not render the habeas petition moot where there are collateral consequences arising from the deportation that create concrete legal disadvantages. Accordingly, we remand the…
2Cases cited13 opinions
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- City of Los Angeles v. LyonsSupreme Court of the United States · 1983
- Spencer v. KemnaSupreme Court of the United States · 1998
- Lewis v. Continental Bank Corp.Supreme Court of the United States · 1990
- Arizonans for Official English v. ArizonaSupreme Court of the United States · 1997
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3Cited by53 opinions
- Liban Ahmed Abdala v. Immigration and Naturalization Service Adele J. Fasano, Dist. Director, Ins District Director for the San Diego DistrictCourt of Appeals for the Ninth Circuit · 2007
- Julio E. Roman v. John AshcroftCourt of Appeals for the Sixth Circuit · 2004
- Florencio Dominguez v. Scott KernanCourt of Appeals for the Ninth Circuit · 2018
- Javier Noriega-Lopez v. John Ashcroft, Attorney General Charles Demore Lori ScialabbaCourt of Appeals for the Ninth Circuit · 2003
- Gul v. ObamaCourt of Appeals for the D.C. Circuit · 2011
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