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LOPEZ v. HEINAUER

No. 01-3618.

332 F.3d 507 (2003)

Francisco Tomas LOPEZ, Petitioner-Appellant, v. Gerard HEINAUER, District Director, Immigration and Naturalization Service, Respondent-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: June 11, 2003.

Attorney(s) appearing for the Case

James A. Benzoni of Des Moines, IA, argued, for appellant.

Papu Sandhu, Senior Litigation Counsel, Office of Immigration Litigation, U.S. DOH, Washington, DC, argued, for appellee.

Before HANSEN, Chief Judge, HEANEY and MORRIS SHEPPARD ARNOLD, Circuit Judges.

HANSEN, Circuit Judge.

Francisco Tomas Lopez appeals the district court's2 denial of his petition for a writ of habeas corpus, 28 U.S.C. § 2241 (2000), in which he asserted that the removal reinstatement provision of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), 8 U.S.C. § 1231(a)(5) (Supp. II 1996), had a retroactive effect when applied to him and violated his due process rights. The district...

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