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BRUMME v. I.N.S.

No. 00-11013.

275 F.3d 443 (2001)

Sigrid BRUMME, Petitioner-Appellant, v. IMMIGRATION AND NATURALIZATION SERVICE, Department of Justice, United States of America; Bob Schultz, Immigration and Naturalization Airport Director; Anne M. Estrada, Dallas District Director of the Immigration and Naturalization Service; John Ashcroft, Attorney General of the United States of America, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

December 7, 2001.

Attorney(s) appearing for the Case

John Wheat Gibson, Dallas, TX, for Petitioner-Appellant.

Paul Fiorino, Richard M. Evans, U.S. Dept. of Justice, Civil Div. Immigration Litigation, Washington, DC, for Respondents-Appellees.

Before DUHÉ, WIENER, and BARKSDALE, Circuit Judges.

RHESA HAWKINS BARKSDALE, Circuit Judge:

Primarily at issue is whether, in habeas proceedings, federal courts can review an Immigration and Naturalization Service (INS) decision that an alien is subject to expedited removal, pursuant to 8 U.S.C. § 1225(b)(1)(A)(i). Sigrid Brumme, a German citizen, was subjected to such expedited removal upon her attempted reentry, on a visitor visa, into the United States. She contends the district court erred in concluding it...

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