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ZEGARRA-GOMEZ v. I.N.S.

No. 01-57021.

314 F.3d 1124 (2003)

Juan Pablo ZEGARRA-GOMEZ, Petitioner-Appellant, v. IMMIGRATION AND NATURALIZATION SERVICE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 2, 2003.

Attorney(s) appearing for the Case

Carlos Vellanoweth and John Wolfgang Gehart, Vellanoweth and Gehart, Los Angeles, CA, for the petitioner-appellant.

Alarice M. Medrano, United States Attorney's Office, Los Angeles, CA, for the respondent-appellee.

Before SCHROEDER, Chief Judge, W. FLETCHER, Circuit Judge, and WEINER, District Judge.

WEINER, District Judge.

In Miranda v. Reno, 238 F.3d 1156, 1158-59 (9th Cir.2001), we held that a petitioner who has already been deported cannot avail himself of habeas corpus jurisdiction because he is no longer "in custody," as that term is used in 28 U.S.C. § 2241, when he files his petition. Today, we hold that where an alien habeas petitioner is deported after he files his petition, the fact of his deportation...

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