Jose Contreras v. Ted Schiltgen, District Director Immigration and Naturalization Service United States Department of Justice

SCHROEDER, Circuit Judge:

This is a 28 U.S.C. § 2241 habeas corpus proceeding against the Immigration and Naturalization Service. The petitioner Jose Contreras challenges his INS detention pending completion of deportation proceedings. Contreras is charged with being de-portable under 8 U.S.C. § 1227(a) 1 on the basis of his prior California conviction for assault with a firearm. He claims the state court conviction is not valid because defense counsel was ineffective in advising him to plead guilty.

The issue is the district court’s jurisdiction to consider an attack on the state court…