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SOBERANES v. COMFORT

No. 03-1388.

388 F.3d 1305 (2004)

Juan SOBERANES, Petitioner-Appellant, v. Michael COMFORT, Acting District Director, United States Immigration and Naturalization Service, Denver, Colorado; John Ashcroft, United States Attorney General, Respondents-Appellees.

United States Court of Appeals, Tenth Circuit.

Ordered Published November 3, 2004.

Attorney(s) appearing for the Case

Patrick C. Hyde of Patrick C. Hyde, P.C., Denver, CO, for Petitioner-Appellant.

John W. Suthers, United States Attorney, Nina Y. Wang, Assistant United States Attorney, Denver, CO, for Respondents-Appellees.

Before TACHA, Chief Judge, MURPHY, Circuit Judge, and CAUTHRON, Chief District Judge.

OPINION

CAUTHRON, Chief Judge.

Petitioner Juan Soberanes is in custody pending the execution of a 1996 deportation order that he never appealed to the Bureau of Immigration Appeals (BIA). Currently that order is, indirectly, the subject of a petition for review in the U.S. Court of Appeals for the Ninth Circuit, filed by petitioner following the denial of a subsequent motion to reopen. Petitioner also filed a habeas...

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