LAING v. ASHCROFT

No. 03-56158.

370 F.3d 994 (2004)

Trevor A. LAING, Petitioner-Appellant, v. John ASHCROFT, Attorney General, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 7, 2004.


Attorney(s) appearing for the Case

Carla A. Ford, Assistant United States Attorney, Los Angeles, CA, for the respondents-appellees.

R. Wayne McMillan, Pasadena, CA, for the petitioner-appellant.

Before: HALL, TROTT, and CALLAHAN, Circuit Judges.


CALLAHAN, Circuit Judge.

Trevor Arthur Laing, a native of Jamaica, appeals the district court's denial of his 28 U.S.C. § 2241 habeas petition. This court has jurisdiction under 28 U.S.C. §§ 1291 and 2253. Because the district court erred in finding that Laing had exhausted his judicial remedies and in determining that exhaustion would be futile, we remand to the district court to vacate its order denying the writ and to dismiss the petition.

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