AGUILERA v. KIRKPATRICK

No. 00-4008.

241 F.3d 1286 (2001)

Judith Aguilera; Mario Aguilera; Skye Singh; Aman Singh; Lucia Fierro; Richard Schull, Plaintiffs-Appellants, v. Wayne Kirkpatrick, Acting Oic; Joseph Greene, District Director, Ins; Janet Reno, U.S. Attorney General, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 7, 2001.


Attorney(s) appearing for the Case

Todd A. Utzinger (Hakeem Ishola, on the brief), Ishola, Utzinger & Perretta, Salt Lake City, Utah, appearing for Appellants.

Francis W. Fraser, Attorney (John J. Andre, Senior Litigation Counsel, with him on the brief), Office of Immigration Litigation, United States Department of Justice, Washington, DC, appearing for Appellees.

Before TACHA, Chief Judge, McWILLIAMS and MURPHY, Circuit Judges.


TACHA, Chief Judge.

Petitioners appeal the district court's dismissal of their habeas corpus petition for lack of subject matter jurisdiction. Although we hold that we do have jurisdiction under 28 U.S.C. § 2241, we dismiss because Petitioners fail to state a claim upon which relief can be granted.

I. Background

A. Factual Background

1. Petitioners Mario and Judith Aguilera

On January 26, 1995, an immigration judge denied...

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