SIERRA v. I.N.S.

No. 99-1379.

258 F.3d 1213 (2001)

Rolando Moreno SIERRA, Petitioner-Appellant, v. IMMIGRATION & NATURALIZATION SERVICE; Bryan T. Gustafson; J.C. Higgins, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

August 2, 2001.


Attorney(s) appearing for the Case

Submitted on the briefs:* Rolando Moreno Sierra, pro se.

Michael G. Katz, Federal Public Defender, and James P. Moran, Assistant Federal Public Defender, Denver, Colorado, for Petitioner-Appellant.

Mark C. Walters, Assistant Director, and Loreto S. Geisse, Attorney, Office of Immigration Litigation, Department of Justice, Washington, D.C.; and Michael E. Hegarty, Assistant United States Attorney, Denver, Colorado, for Respondents-Appellees.

Before EBEL, HOLLOWAY, and MURPHY, Circuit Judges.


EBEL, Circuit Judge.

Rolando Moreno Sierra is an excludable alien1 who is currently detained in a federal prison pending Cuba's decision to allow him back into that country. In 1998, he was recommended for parole, but he was involved in a prison fight before his release and his parole was subsequently withdrawn. He filed a pro se petition for a writ of habeas corpus, arguing that the Due Process Clause entitles him to a hearing on the...

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