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RIVERA v. ASHCROFT

No. 03-35548.

387 F.3d 835 (2004)

Salvador RIVERA, Plaintiff-Appellant, v. John ASHCROFT, Attorney General; Immigration and Naturalization Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted June 7, 2004.

Attorney(s) appearing for the Case

Cheryl M. Nance, Bell, Flegenheimer & Nance, Seattle, WA; Karen L. Gilbert, for the plaintiff-appellant.

Kirsten M. Schimpff, United States Attorney's Office, Seattle, WA, for the defendants-appellees.

Before: PREGERSON, FERGUSON, and CALLAHAN, Circuit Judges.

FERGUSON, Circuit Judge:

Salvador Rivera, a.k.a. Salvador Galvan-Gaspar, (hereinafter "Rivera") appeals the District Court's denial of his 28 U.S.C. § 2241 petition for a writ of habeas corpus. Rivera alleges that he is a United States citizen who was wrongly removed to Mexico, that his Due Process rights were violated during removal proceedings before Immigration Judge Anna Ho, and that he is entitled to a declaration by the District Court that he is a United...

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