Legal Opinion
Carrillo v. Ashcroft
Court of Appeals for the Ninth Circuit
Decided October 25, 2004No. 04-15137PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM **
Joel Carrillo (“Carrillo”) was removed from the United States on October 8, 2003. One week later he filed a petition for habeas corpus in the United States District Court, which rejected the petition after concluding that Carrillo did not meet the “in custody” requirement of 28 U.S.C. § 2241(c)(3). But because we conclude that Carrillo was removed without receiving proper notice of a decision by an immigration judge (“IJ”) affecting his removal, we reverse that decision and remand this case to the district court for consideration of the substantive merits of Carrillo’s claim.
Carri…
2Cases cited4 opinions
- Amado Miranda, an Individual Esperanza Miranda, an Individual v. Janet Reno, Attorney General of the United States of America Does 1-100Court of Appeals for the Ninth Circuit · 2001
- Juan Pablo Zegarra-Gomez v. Immigration and Naturalization ServiceCourt of Appeals for the Ninth Circuit · 2003
- Singh v. WatersCourt of Appeals for the Ninth Circuit · 1996
- Rivera v. AshcroftCourt of Appeals for the Ninth Circuit · 2004
3Cited by2 opinions
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- Ortiz v. WolfDistrict Court, D. Maryland · 2020