Dominick Akinwale v. Janet Reno

HULL, Circuit Judge:

Dominick Akinwale appeals from the district court’s order dismissing for lack of subject matter jurisdiction his § 2241 ha-beas petition challenging a final deportation order. 28 U.S.C. § 2241. After review, we conclude that the district court had subject matter jurisdiction and thus reverse.

I. BACKGROUND

A. Immigration Proceedings

Akinwale is a native and citizen of Nigeria. In September 1984, Akinwale lawfully entered the United States on an F-l, non-immigrant visa. In May 1987, Akinwale was granted permanent resident status. In March 1993, Akinwale was convicted in state…