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LARA v. TROMINSKI

No. 98-41434, 98-60091.

216 F.3d 487 (2000)

Francisco R. LARA, Petitioner-Appellee, v. E.M. TROMINSKI, District Director, Immigration and Naturalization Service; Janet Reno, U.S. Attorney General, Respondents-Appellants. Francisco Lara-Resendez, Petitioner, v. Immigration and Naturalization Service, Respondent.

United States Court of Appeals, Fifth Circuit.

July 10, 2000.

Attorney(s) appearing for the Case

Lisa S. Brodyaga (argued), Refugio Del Rio Grande, San Benito, TX, for Petitioner-Appellee and Petitioner.

David Michael McConnell (argued), Laura Anderson Smith, U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondents-Appellants and Respondent.

Janet Reno, Atty. Gen., Civil Division, Appellate Staff, Robert L. Bombaugh, Director, Office of Immigration Litigation, Civil Division, Washington, DC, E.M. Trominski, District Director, Immigration and Naturalization Service, District Directors Office, Harlingen, TX, Lynne Underdown, Immigration and Naturalization Service, District Directors Office, Attn: Joe A. Aguilar, New Orleans, LA, for INS.

Before EMILIO M. GARZA, DeMOSS and STEWART, Circuit Judges.

EMILIO M. GARZA, Circuit Judge:

This consolidated immigration appeal arises from complex procedural circumstances. The government appeals from the district court's grant of habeas corpus relief to Francisco Lara-Resendez ("Lara") under 28 U.S.C. § 2241. Lara petitions for review of the Board of Immigration Appeals' ("BIA's") denial of his motion to reconsider its denial of his motion to reopen his deportation proceedings. For the reasons discussed below, we vacate...

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