Legal Opinion
Hugo Rangel Resendiz v. Leonard Kovensky, Acting Director, Immigration and Naturalization Service
Court of Appeals for the Ninth Circuit
Decided June 27, 2005No. 03-55136PublishedCited by 57 opinions
1Opinion of the Court
TROTT, Circuit Judge:
OVERVIEW
Hugo Rangel Resendiz appeals the district court’s dismissal of two petitions for habeas corpus — one under 28 U.S.C. § 2254, naming the State of California as the respondent, and a second under 28 U.S.C. § 2241 against the Bureau of Immigration and Naturalization Service (“INS”). 1 We have jurisdiction pursuant to 28 U.S.C. § 2253.
We conclude that (1) Resendiz was not “in custody pursuant to the judgment of a State court” when he filed his § 2254 petition, and he is not entitled to an exception from the in custody requirement; (2) the district court did not err in…
2Cases cited29 opinions
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Gideon v. WainwrightSupreme Court of the United States · 1963
- Immigration & Naturalization Service v. St. CyrSupreme Court of the United States · 2001
- Maleng v. CookSupreme Court of the United States · 1989
- Jones v. CunninghamSupreme Court of the United States · 1963
24 more not listed; retrieve them via the Exa API.
3Cited by57 opinions
- Chaidez v. United StatesSupreme Court of the United States · 2013
- Bailey v. HillCourt of Appeals for the Ninth Circuit · 2010
- Delgado v. HolderCourt of Appeals for the Ninth Circuit · 2011
- Ajadi v. Commissioner of CorrectionSupreme Court of Connecticut · 2006
- Jeff Fowler v. Sacramento County Sheriff's Department California Attorney GeneralCourt of Appeals for the Ninth Circuit · 2005
52 more not listed; retrieve them via the Exa API.