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CANO-MIRANDA v. ASHCROFT

No. 00-20570.

262 F.3d 477 (2001)

Alejandro CANO-MIRANDA, Petitioner-Appellant, v. John ASHCROFT, U.S. Attorney General; Richard Cravener, Immigration and Naturalization Service Director; Immigration and Naturalization Service, Respondents-Appellees.

United States Court of Appeals, Fifth Circuit.

August 17, 2001.

Attorney(s) appearing for the Case

Maurice Hew, Jr., Harry Gee, Jr. & Associates, Houston, TX, for Petitioner-Appellant.

Susan Houser, Richard M. Evans, U.S. Dept. of Justice, Civil Div. Immigration Lit., Washington, DC, for Respondents-Appellees.

Before HIGGINBOTHAM and BENAVIDES, Circuit Judges, and DUPLANTIER, District Judge.

PER CURIAM:

Alejandro Cano-Miranda appeals an order of the district court dismissing his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. In light of the Supreme Court's recent decision in INS v. St. Cyr,1 we VACATE the judgment of the district court and REMAND for further proceedings.

I

Cano-Miranda, a Mexican citizen who became a lawful permanent resident of the United States in 1992, was...

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