Legal Opinion
Trevor A. Laing v. John Ashcroft, Attorney General
Court of Appeals for the Ninth Circuit
Decided June 7, 2004No. 03-56158PublishedCited by 563 opinions
1Opinion of the Court
CALLAHAN, Circuit Judge.
Trevor Arthur Laing, a native of Jamaica, appeals the district court’s denial of his 28 U.S.C. § 2241 habeas petition. This court has jurisdiction under 28 U.S.C. §§ 1291 and 2253. Because the district court erred in finding that Laing had exhausted his judicial remedies and in determining that exhaustion would be futile, we remand to the district court to vacate its order denying the writ and to dismiss the petition.
I. Factual and Procedural Background
On February 19, 1997, Laing pleaded guilty to count 1 of an information, which charged him with “conspiracy to…
2Cases cited23 opinions
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- McKart v. United StatesSupreme Court of the United States · 1969
- Sareang Ye v. Immigration and Naturalization Service and United States Attorney General Janet RenoCourt of Appeals for the Ninth Circuit · 2000
- Calcano-Martinez v. Immigration & Naturalization ServiceSupreme Court of the United States · 2001
- Javier Noriega-Lopez v. John Ashcroft, Attorney General Charles Demore Lori ScialabbaCourt of Appeals for the Ninth Circuit · 2003
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3Cited by563 opinions
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- Tito Ibrahim Barsoum Ishak v. Alberto R. Gonzales , Attorney General, Tito Ibrahim Barsoum Ishak v. Alberto R. Gonzales, Attorney GeneralCourt of Appeals for the First Circuit · 2005
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