Suarez v. Rooney

OPINION

Luis Suarez appeals the district court’s procedural dismissal of his 28 U.S.C.A. § 2241 (West 1994) petition in which he sought to challenge his removal from the United States by the Immigration and Naturalization Service, claiming that he is a United States citizen. The merits of Suarez’s case are currently before this court in a separate proceeding, see Suarez v. INS, No. 02-1813, in which Suarez advances the same challenge under 8 U.S.C.A. § 1252(b)(5) (West 1999) and which is presently in the briefing stage. Suarez’s petition for review on the merits renders moot the jurisdictional…